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This is an interdisciplinary study concerned with the limits of tolerance, the 'democratic catch', and the costs of freedom of expression.
These essays in political philosophy by T. M. Scanlon, written between 1969 and 1999, examine the standards by which social and political institutions should be justified and appraised. Scanlon explains how the powers of just institutions are limited by rights such as freedom of expression, and considers why these limits should be respected even when it seems that better results could be achieved by violating them. Other topics which are explored include voluntariness and consent, freedom of expression, tolerance, punishment, and human rights. The collection includes the classic essays 'Preference and Urgency', 'A Theory of Freedom of Expression', and 'Contractualism and Utilitarianism', as well as a number of other essays that have hitherto not been easily accessible. It will be essential reading for all those studying these topics from the perspective of political philosophy, politics, and law.
History and Legal Norms
Why it's wrong to single out religious liberty for special legal protections This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
Have you ever wondered why some people are more tolerant and accepting of difference than others? Tolerance: The Glue That Binds Us: Empathy, Fairness and Reason is a ground-breaking book in its scope and in its examination of tolerance to human diversity. It is the first comprehensive publication about tolerance to human diversity which explores historical, philosophical (including the controversial relationship between freedom of speech and tolerance) and psychological aspects of tolerance as well as educational implications informed by theory and research. Rivka Witenberg suggests a new direction in research and theory and proposes an alternative way of viewing tolerance as a concept in its own right, better placed within the moral domain and not simply the opposite of prejudice. When tolerance is placed within the moral domain pertaining to empathy, equality, fairness, justice and avoiding harm to others, it should be viewed as positive in nature rather than simply forbearance or putting up with. She argues that to be tolerant is a fundamental human quality or value as central to human existence as love, charity and goodwill and that tolerance like morality is possibly instinctive. Significantly, while tolerance and prejudice do coexist, tolerance should not be confounded and confused with prejudice. Understanding more about the nature of tolerance to human diversity in todays increasingly diverse and complex world could not be more important for harmonious, cooperative intergroup living. Witenberg reflects on the origin of tolerance and its deep historical roots, exemplified by the Golden Rule. Analysis of philosophical theories and her psychological research about tolerance to human diversity further expands our understanding of this important matter. This book brings a new outlook on the questions about what tolerance is, how it is conceptualised and its practical implications. Moving away from the idea that tolerance is simply putting up with and the antithesis to prejudice, this is a major interdisciplinary work that alters our understanding of tolerance to human diversity. This book is unique in its approach and subject matter and should be of value not only to educators and policy makers but also to anyone interested in understanding this important issue. It is written in approachable language which allows everybody to understand this important topic.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
"Toleration is one of the most studied concepts in contemporary political theory and philosophy, yet the range of contemporary normative prescriptions concerning how to do toleration or how to be tolerant is remarkably narrow and limited. Contemporary thinking about toleration evinces, paradoxically, an intolerance of politics. This book argues for toleration as a practice of negotiation, looking to a philosopher not usually considered political: Michel de Montaigne. For Montaigne, toleration is an expansive, active practice of political endurance in negotiating public goods across lines of value difference. In other words, to be tolerant means to possess a particular set of political capacities for negotiation. Douglas Thompson draws on Montaigne's Essais to recover the idea that political negotiation grows out of genuine care for public goods and the establishment of political trust. Thompson argues that we need a Montaignian conception of toleration today if we are to negotiate effectively the circumstances of increasing political polarization and ongoing value conflict, and he applies this notion to current debates in political theory, as well to contemporary issues, including the problem of migration and refugee asylum. Additionally, for Montaigne scholars, he reads the Essais principally as a work of public political education, and resituates the work as an extension of Montaigne's political activity as a high-level negotiator between Catholic and Huguenot parties during the French Wars of Religion"--
Carson traces the subtle but enormous shift in the way we have come to understand tolerance over recent years--from defending the rights of those who hold different beliefs to affirming all beliefs as equally valid and correct. He looks back at the history of this shift and discusses its implications for culture today, especially its bearing on democracy, discussions about good and evil, and Christian truth claims. --from publisher description