Le rêve grec d’un esthète allemand

Buruma, Ian; Bury, Laurent

doi:10.3917/books.045.0050

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Implications Of Legal Tolerance1

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2019

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“…If they do not, legal tolerance is likely to be mistaken for indifference or even acceptance. 153 The pragmatic case for legal tolerance thus depends on lawmakers utilizing their expressive or communicative power.…”

Section: Implications Of Legal Tolerancementioning

confidence: 99%

The Pragmatic Case for Legal Tolerance

Smet¹

2019

Oxford Journal of Legal Studies

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Tolerance has been studied and critiqued extensively in moral and political philosophy. By contrast, we know relatively little about the salience of tolerance to law. In this article, I aim to fill that gap in our knowledge by making a conceptual case for legal tolerance in constitutional democracies.More specifically, I aim to make a pragmatic case for legal tolerance. The article's core arguments are that (a) lawmakers often engage in legal tolerance of contested beliefs, opinions and practices, and (b) they tend to do so for pragmatic reasons. In building the pragmatic case for legal tolerance, I discuss legal responses in a wide array of jurisdictions and to a broad range of contested moral issues. I also unpack the implications of legal tolerance by analyzing its (in)stability and its relationship to state communicative power. I conclude the article by indicating some potential limits of pragmatic legal tolerance.

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Section: Implications Of Legal Tolerancementioning

confidence: 99%

The Pragmatic Case for Legal Tolerance

Smet¹

2019

Oxford Journal of Legal Studies

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Le rêve grec d’un esthète allemand

Cited by 1 publication

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The Pragmatic Case for Legal Tolerance

The Pragmatic Case for Legal Tolerance

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