On Being Tolerated

The Legacy of HLA Hart, M. Kramer, et. al., eds., Oxford University Press, Forthcoming

Oxford Legal Studies Research Paper No. 14/2008

31 Pages Posted: 23 May 2008  

Leslie Green

University of Oxford - Faculty of Law; Queen's University - Faculty of Law

Abstract

Why is it that toleration can be uncomfortable for the tolerated? And how should tolerators respond to that discomfort? This paper argues that properly directed toleration can be deficient in its scope, grounds or spirit. That explains some of the discomfort in being tolerated. Beyond this, the occasions for toleration - the existence of a power to prevent and of an adverse judgment - can also make toleration sting. The paper then explores and rejects two familiar suggestions about how one should respond to this discomfort: with acceptance or recognition of the tolerated. It is proposed instead that toleration should be supplemented by understanding. The nature and importance of this attitude are assessed.

Keywords: Toleration, Liberalism, Multiculturalism, Recognition, Sexuality, H.L.A.Hart

Suggested Citation

Green, Leslie, On Being Tolerated. The Legacy of HLA Hart, M. Kramer, et. al., eds., Oxford University Press, Forthcoming; Oxford Legal Studies Research Paper No. 14/2008. Available at SSRN: https://ssrn.com/abstract=1136369

Leslie Green (Contact Author)

University of Oxford - Faculty of Law ( email )

Balliol College
Oxford
Oxford, UK, OX1 3BJ
United Kingdom

Queen's University - Faculty of Law ( email )

Kingston, Canada, Ontario K7L3N6
Canada

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