Toleration in Law
25 Pages Posted: 8 Feb 2018 Last revised: 16 May 2018
Date Written: May 14, 2018
This paper challenges the contemporary approach to the study of toleration. In particular, I argue that this approach mischaracterizes the nature of the morality of toleration in politics. The difficulty lies in supposing that law is akin to a dependent variable in the moral analysis leading up to the recommendation to use (or not to use) the law in the morally required way. However, I argue that law is partially constitutive of the study of toleration. The reason is that certain legal rules and institutions go beyond facilitating, accommodating, or enforcing the demands of morality. The argument focuses on one core area, property, to demonstrate this broader point.
Keywords: toleration, discrimination, property, law, equality, religious liberty
JEL Classification: K10, K11
Suggested Citation: Suggested Citation