Academic

Green on Toleration

By Lawrence Solum

Leslie Green (Oxford) has posted On Being Tolerated (The Legacy of HLA Hart, M. Kramer, et. al., eds., Oxford University Press) on SSRN. Here is the abstract:

Why is it that toleration can be uncomfortable for the tolerated? And how should tolerators respond to that discomfort? This paper argues that properly directed toleration can be deficient in its scope, grounds or spirit. That explains some of the discomfort in being tolerated. Beyond this, the occasions for toleration¿the existence of a power to prevent and of an adverse judgment¿can also make toleration sting. The paper then explores and rejects two familiar suggestions about how one should respond to this discomfort: with acceptance or recognition of the tolerated. It is proposed instead that toleration should be supplemented by understanding. The nature and importance of this attitude are assessed.

Unfortunately this PDF file cannot be copied.  I had hoped to share some of the marvelous text.  But I can say highly recommended!  Download it while its hot!

Full post as published by Legal Theory Blog on May 27, 2008 (boomark / email).