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)

I focus on some controversial features of Peter Balint’s stimulating and provocative reassessment of the place of toleration in contemporary diverse societies. First, I question his argument that we must enlarge the concept of toleration to include indifference and approval if toleration is to be compatible with state neutrality. Secondly, I suggest that his idea of active neutrality of intent risks encountering the same difficulties as neutrality of outcome, although these will be mitigated the more the state’s neutrality takes a (...) ‘hands-off’ form. Thirdly, while accepting his claim that exemptions depart from neutrality insofar as they attribute a significance to religious and conscientious convictions that they deny to mere preferences, I argue that that departure is not arbitrary and remains within the spirit of neutrality of intent. (shrink)

In defending toleration against its many critics, Respecting Toleration has both conceptual and normative aims. Conceptually, I defend and explain the coherence of political toleration. This involves, in part, highlighting a distinction between two forms of toleration; one of which always involves objection, and one which does not. Normatively, I defend a particular understanding of toleration as the best way of accommodating contemporary diversity. In brief, the state should be guided by an active ideal of neutrality, and citizens must at (...) minimum engage in forbearance tolerance with each others’ differences. In this paper, I respond to four main lines of criticism. The first is that my understanding of toleration – in which objection is not always necessary – is too broad, and that my non-moralised understanding of forbearance tolerance requires additional context. Second, my discussion of neutrality runs together the distinction between an active/passive state with a large/small state; wrongly fails to distinguish between mere preferences and deeply held beliefs; and is really a concern about equality. Third, my freedom-based justification for toleration is too limited; and may, in fact, enable recognition rather than resist it. Fourth, my rejection of inter-citizen respect for difference is too quick. (shrink)

Toleration and respect are types of relations between different agents. The standard analyses of toleration and respect are attitudinal; toleration and respect require subjects to have appropriate types of attitudes towards the objects of toleration or respect. The paper investigates whether states can sensibly be described as tolerant or respectful in ways theoretically relevantly similar to the standard analyses. This is a descriptive question about the applicability of concepts rather than a normative question about whether, when and why states should (...) be tolerant or respectful. The problem of institutional application is that institutions in general and the state in particular arguably cannot have attitudes of the required kind. This problem is distinct from, and broader than, well‐known problems about whether political toleration is normatively legitimate. To make sense of political toleration or respect, the paper proposes that the analysis of institutional toleration and respect should not be solely agent‐centred (as in attitudinal analyses) or patient‐centred (as in explanations of the good of toleration or respect in terms of the effects of being tolerated or respected). The analysis should also include features about the relation itself. We can describe institutions as tolerant or respectful in a sense relevantly similar to the standard analyses if we focus on the public features of the relation between institutions and citizens or groups, without ascribing attitudes in the problematic sense. (shrink)

Toleration and respect are types of relations between different agents. The standard analyses of toleration and respect are attitudinal; toleration and respect require subjects to have appropriate types of attitudes towards the objects of toleration or respect. The paper investigates whether states can sensibly be described as tolerant or respectful in ways theoretically relevantly similar to the standard analyses. This is a descriptive question about the applicability of concepts rather than a normative question about whether, when and why states should (...) be tolerant or respectful. The problem of institutional application is that institutions in general and the state in particular arguably cannot have attitudes of the required kind. This problem is distinct from, and broader than, well-known problems about whether political toleration is normatively legitimate. To make sense of political toleration or respect, the paper proposes that the analysis of institutional toleration and respect should not be solely agent-centred or patient-centred. The analysis should also include features about the relation itself. We can describe institutions as tolerant or respectful in a sense relevantly similar to the standard analyses if we focus on the public features of the relation between institutions and citizens or groups, without ascribing attitudes in the problematic sense. (shrink)