For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...) of them, who oppose, on principled grounds, the outcomes of the majoritarian decision-making process. I argue that democratic dissenting minorities' claims are better understood as calls for respect for a person's capacity for self-legislation. I view respect as the cornerstone of justice in a liberal democracy: all norms resulting in a constraint on a person's conduct should be appropriately justified to her. I argue that the reconciliation of democratic dissenting minorities' claims requires an enhancement of the justificatory strategies of democratic decisions by enhancing in turn citizens' rights to political participation. This should be done both during decision making and after a provision is enacted by also securing space for contestation through such forms of illegal protest as civil disobedience and conscientious objection. (shrink)

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)

Issues of religious toleration might be thought dead and advocacy of religious toleration a pointless exercise in preaching to the converted, at least in most contemporary European societies. This paper challenges that view. It does so principally by focusing on issues of religious accommodation as these arise in contemporary multi-faith societies. Drawing on the cases of exemption, Article 9 of the ECHR, and law governing indirect religious discrimination, it argues that issues and instances of accommodation are issues and instances of (...) toleration. Special attention is given to issues that arise when the claims of religious belief conflict with those of other legally protected characteristics, especially sexual orientation. The paper uses a concept of toleration appropriate to a liberal democratic political order—one that replaces the ‘vertical’ ruler-to-subject model of toleration that suited early modern monarchies with a ‘horizontal’ citizen-to-citizen model appropriate to a political order that aims to uphold an ideal of toleration rather than itself extend toleration to those whose lives it regulates. (shrink)

A defining feature of democracy is the inclusion of members of the political association. However, the corresponding right to exclusion has attracted undeservedly scant attention in recent debates. In this paper, the nature of the right to exclusion is explored. On the assumption that inclusion requires the allocation of legal power-rights to the people entitled to participate in the making of collective decisions, two conceptions of the right to exclusion are identified: the liberty-right to exclude and the claim-right to exclude. (...) The choice between them depends on the nature of the interests that justifies the power-rights of people included. The position is defended that if rights to democratic participation are power-rights, we must also accept that the people included have claim-rights to the exclusion of non-members. (shrink)

According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form ‘My conscience says so’ do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute even pro tanto (...) reasons for exemptions. Rather, they are what Francis Bacon called idola fori – ‘idols of the marketplace’– conventional justifications that are deemed rational and even self- evident, while in fact they are not. (shrink)