For helpful comments and suggestions I am grateful to Graínne de Búrca, Neil Walker, Rainer Forst, Jeremy Waldron, Wojciech Sadurski, Cormac MacAmhlaigh, Claudio Michelon, Hans Lindahl, Robin Loof, Camil Ungureanu, Florian Roedl, and Katherine Worthington.
Tolerance and Liberal Justice
Article first published online: 14 NOV 2010
© 2010 The Author. Journal compilation © 2010 Blackwell Publishing Ltd
Volume 23, Issue 4, pages 437–459, December 2010
How to Cite
AUGENSTEIN, D. (2010), Tolerance and Liberal Justice. Ratio Juris, 23: 437–459. doi: 10.1111/j.1467-9337.2010.00464.x
Note: The author's affiliation has been changed in the online version of this article on 1 December 2010 following publication in Ratio Juris volume 23 issue 4.
- Issue published online: 14 NOV 2010
- Article first published online: 14 NOV 2010
Vol. 24, Issue 1, 109, Article first published online: 22 FEB 2011
Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights-based models of social cooperation. I develop a conception of tolerance as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights-based liberalism. Tolerance represents a particular, non-communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee.