Toleration in Law

25 Pages Posted: 8 Feb 2018 Last revised: 16 May 2018

See all articles by Avihay Dorfman

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law

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

Dorfman, Avihay, Toleration in Law (May 14, 2018). Available at SSRN: or

Avihay Dorfman (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL

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