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.

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.

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.

"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"--

What makes people agree to the extension of political rights to those they clearly dislike? This book moves beyond the extensive research on this question in western contexts to focus on the global south, offering unique empirical studies of political tolerance in plural societies where poverty is prevalent and democratic institutions can often be fragile. Based on extensive data gathered in India, Pakistan and Uganda, this volume offers an account of the factors that shape the foundations of a society and its capacity to be democratic, but where the need for the protection of human rights is great and where the state is either weak or even constitutes a counter-force against the rights of individuals and groups. Combining large scale survey data with in-depth interviews in each national setting, the author exemplifies the great variation of factors which are related to political tolerance, shedding light on the fundamental patterns existing in the organisation of state-society relations and the ways in which they produce certain results owing to the manner in which the forces of modernisation operate. A broad and empirically informed study of what shapes the foundations of a democratic society in modernising nations, Political Tolerance in the Global South will appeal to scholars of sociology and political science with interests in democracy, human rights, diversity and tolerance.

Despite recent advances in Locke scholarship, philosophers and political theorists have paid little attention to the relations among his three greatest works: An Essay Concerning Human Understanding, Two Treatises of Government, and Epistola de Tolerantia. As a result our picture of Locke's thought is a curiously fragmented one. Toleration and Understanding in Locke argues that these works are unified by a concern to promote the cause of religious toleration. Making extensive use of Locke's neglected replies to Proast, Nicholas Jolley shows how Locke draws on his epistemological principles to criticize religious persecution - for Locke, since revelation is an object of belief, not knowledge, coercion by the state in religious matters is not morally justified. In this volume Jolley also seeks to show how the Two Treatises of Government and the letters for toleration adopt the same contractualist approach to political theory; Locke argues for toleration from the function of the state where this is determined by the decisions of rational contracting parties. Throughout, attention is paid to demonstrating the range of Locke's arguments for toleration and to defending them, where possible, against recent criticisms. The book includes an account of the development of Locke's views about religious toleration from the beginning to the end of his career; it also includes discussions of his individualism about knowledge and belief, his critique of religious enthusiasm, his commitment to the minimal creed, and his teachings about natural law. Locke emerges as a rather systematic thinker whose arguments are highly relevant to modern debates about religious toleration.