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)

The paper aims to clarify what is both meant and entailed when the notion of respect is invoked in relation to the issues of diversity. A distinction is introduced between two types of respecting agents: the state and the citizen. The paper then distinguishes respect in relation to a commonality – in this case citizenship – from respect in relation to specific difference. The importance of respect in relation to a commonality is stressed, whilst the distinction between the state and (...) the citizen as the respecting agent is used to raise questions about respect of difference. The latter part of the paper looks at Peter Jones’ compromise position of ‘mediated recognition,’ and suggests the possibility of ‘mediated accommodation.’. (shrink)

In recent years there has been much debate over whether recognition has displaced, or should displace, redistribution as the pre‐eminent concern of contemporary politics. That debate is not about whether we should continue to pursue an egalitarian ideal, since equality is as much a goal for the politics of recognition as it is for the politics of redistribution. In this essay, I address only issues of recognition and ask what kind of equal recognition we can reasonably demand or pursue. I (...) argue that we can expect to secure equal recognition of difference or particularity only if that recognition is mediated by more general forms of recognition. Certainly that approach is implied if we hold that difference should be recognised because that difference matters to the recognised rather than to the recogniser. Thus, I challenge the prevailing view that the politics of difference should replace the politics of universalism; rather, the politics of difference presupposes a form of universalism. I also use a distinction between status and merit recognition to indicate the difficulties that confront the goal of equal recognition if we insist that particularity or difference should be the object of unmediated recognition. I use cultural and religious identities as the main foci for my argument, but I also consider how far that argument translates to issues of sexuality and gender. (shrink)

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)

Care theorists have yet to outline an account of how the concept of toleration should function in their normative framework. This lack of outline is a notable gap in the literature, particularly for demonstrating whether care ethics can appropriately address cases of moral disagreement within contemporary pluralistic societies; in other words, does care ethics have the conceptual resources to recognize the disapproval that is inherent in an act of toleration while simultaneously upholding the positive values of care without contradiction? By (...) engaging care ethics with John Locke’s influential corpus on toleration, I answer the above question by building the bases for a novel theory of toleration as care. Specifically, I argue that care theorists can home in on an oft-overlooked aspect of Locke’s later thought: that the possibility of a tolerant society is dependent on a societal ethos of trustworthiness and civility, to the point where Locke sets out positive ethical demands on both persons and the state to ensure this ethos can grow and be sustained. By leveraging and augmenting Locke’s thought within the care ethical framework, I clarify how care ethics can provide meaningful solutions to moral disagreement within contemporary pluralistic societies in ways preferable to the capability of a liberal state. (shrink)

Music is an inescapable part of social, cultural and political life, and has played a powerful role in mobilising support for popular movements demanding social justice. The impact of David Bowie, Prince and Bob Dylan, for example, on diversity awareness and legislative reform relating to sexuality, gender and racial equality respectively is still felt; with the latter receiving a Nobel Prize in 2016 for ‘having created new poetic expressions within the great American song tradition’. The influence of these composers and (...) performers reached far beyond the concert hall. Conversely, musical propaganda has been a common feature of many dictatorships, most notably Nazism’s Adolf Hitler and Communism’s Joseph Stalin, and is still instrumental in the election campaigns of political parties. US President Donald Trump’s winning retro classic rock campaign playlist conveyed an idealised version of the past which aligned with the tastes and interests of his core constituency, and evoked feelings of nationalistic pride and patriotism. The eclectic selection of upbeat music effectively masked the underlying capitalist initiatives, corporate greed and allegations of financial impropriety that characterised both the Democrat and Republican campaigns. Although unable to impart meaning with the same level of precision as language, music has a potentially broader semantic capacity due to its greater elasticity. It constitutes a common language which has the ability to create a community of people that sings, speaks, reasons, votes and even feels the same way. Accordingly, this article explores the symbiotic relationship between music and law, identity politics and social justice, via the lens of musical semiosis. (shrink)

Generally we think it good to tolerate and to accord recognition. Yet both are complex phenomena and our teaching must acknowledge and cope with that complexity. We tolerate only what we object to, so our message to students cannot be simply, ‘promote the good and prevent the bad’. Much advocacy of toleration is not what it pretends to be. Nor is it entirely clear what sort of conduct should count as intolerant. Sometimes people are at fault for tolerating what they (...) should not, or for tolerating what they should find unexceptionable. So virtue does not always lie with toleration. Tolerance can also seem condescending; should we therefore replace it with recognition? But recognition may not be able to coexist with the disapproval that makes toleration necessary. However, not everything about toleration and recognition is controversial; there are fixed points from which students can grapple with the issues presented by both. (shrink)

This entry discusses three forms of politics of recognition: politics of universalism, affirmative identity politics and deconstructive politics of difference. It examines the constitutive, causally formative, and normative role that recognition has for the relevant senses of universal standing, particular identity, and difference in these approaches.

Peter Jones has consistently defended the position that liberalism must maintain the distinction between the right and the good if it is to be qualitatively different from alternative political theories, and thus resist the charge that liberals are just like any other political theorists in wanting to impose their views on others. In this paper, I not only add my voice to the many who have already challenged the viability of that distinction, but also additionally argue that it is both (...) unnecessary and undesirable to hold that so much of importance hangs on whether or not it can be sustained. I suggest that the dichotomy between neutralist or impartialist liberalism, on the one hand, and what Jones characterizes as the desire ?merely to impose a favoured form of life upon others?, on the other hand, is too sharp, and hence at best misleading and at worst mistaken. This is because, or so I argue, not all forms of favouring some values or ideals over others can plausibly be presented as the imposition of a favoured form of life. Rather, we risk trivializing what is objectionable about imposing a particular form of life on people against their will if we treat every departure from strict liberal neutrality as necessarily instances of such an illiberal imposition. (shrink)

Recognition and toleration are ways of relating to the diversity characteristic of multicultural societies. The article concerns the possible meanings of toleration and recognition, and the conflict that is often claimed to exist between these two approaches to diversity. Different forms or interpretations of recognition and toleration are considered, confusing and problematic uses of the terms are noted, and the compatibility of toleration and recognition is discussed. The article argues that there is a range of legitimate and importantly different conceptions (...) of both toleration and recognition that are often not clearly distinguished, and that compatibility varies across this range and depending on what one considers the conceptions in relation to. (shrink)

Anna Elisabetta Galeotti’s theory of ‘toleration as recognition’ has been criticised by Peter Jones for being conceptually incoherent, since liberal toleration presupposes a negative attitude to differences, whereas multicultural recognition requires positive affirmation hereof. The paper spells out Galeotti’s justification for recognition as a requirement of liberal justice in detail and asks in what sense the policies supported by Galeotti are policies of recognition. It is argued that Jones misrepresents Galeotti’s theory, insofar as this sense of recognition actually is compatible (...) with liberal toleration. This does not prove Jones’s criticism to be wrong, since the justification may have implications unacknowledged by Galeotti, which might be liberally problematic. The paper considers this problem and possible ways of responding to it, but concludes that Galeotti’s theory is incomplete in respects that need to be filled out in order to secure compatibility with liberalism, and that this may prove problematic. (shrink)

With some qualifications, this article endorses Brian Leiter’s argument that religious accommodation should not shift burdens from believers to non-believers. It argues that religious believers should take responsibility for their beliefs and for meeting the demands of their beliefs. It then examines the implications of that argument for British law on indirect discrimination as it relates to religion or belief: burden-shifting from believers to employers and providers of goods and services should be deemed acceptable only insofar as the burden incurred (...) by the employer or provider is ‘insignificant’. Legal exemptions should satisfy a similar test. Why should there be religious accommodation at all, even if it entails no significant burden-shifting? The author agrees with Leiter in finding the most plausible answer in the claims of conscience rather than in general theories of equality or features special to religion. Those claims can reasonably be made in respect of liberty of conscience but also when conscience is merely disadvantaged. (shrink)

Sexual activism (for, e.g., participants in the LGBT+ or BDSM communities) is prima facie commendable, at least for the liberal. However, it is unclear whether the end goal of such activism is toleration or recognition. The argument of this paper is that, on the level of authoritative political and social-moral rules, toleration is the only justifiable goal, while recognition may be pursued as an ideal outside the sphere of political and social-moral rules, that is, in civil society. The argument builds (...) on a Gausian public reason understanding of justifiability, emphasizing reasonable disagreement and a diversity of viewpoints. (shrink)

Interhuman relations sometimes suffer from a lack of adequate recognition. Here I ask whether this can be caused by the “third” of representations of a superhuman ultimate object or source of recognition, that is, a personal God. In arguing for a positive answer, I articulate a notion of mediational recognition, and present a systematic analysis of a trilateral form of recognition in which one party claims to mediate normative judgements of another party to a third one. The analysis then focuses (...) on the structure of metaphysical power that can be generated by religious groups and institutions. (shrink)

In chapter one I firstly critique some contemporary family-resemblance approaches to the category woman, and claim that they do not take sufficient account of dis-semblance, that is, resemblances that people have in common with members of the contrast category man. Second, I analyze how the concept of woman is semantically contestable: resemblance/dissemblance structures give rise to vagueness and to borderline cases. Borderline cases can either be included in the category or excluded from it. The factors which incline parties in a (...) dispute about membership to include or exclude depend on metaphysical, ethical, or political background assumptions. In chapter two, I begin by considering the harms suffered by transgender persons through “misgendering”, the deployment of gender terms which inflict psychological harms upon transgender persons, place them in situations of injustice, or diminish their self-respect. Such deployments are morally contestable: they can be challenged on ethical grounds. Several characterisations of the term ‘woman’ proposed in the feminist literature are critiqued from this perspective. In chapter three, I elaborate a broadly liberal approach to gender pluralism. The approach involves: i) the public toleration of gender practices and beliefs which contest prevalent gender norms; and ii) state-gender neutrality. Public toleration allows gender non-conforming practices and beliefs within public space. State gender-neutrality consists mainly in the removal from law and government policy of provisions which assume compliance with prevalent conceptions of gender. (shrink)

Recognition and toleration are ways of relating to the diversity characteristic of multicultural societies. The article concerns the possible meanings of toleration and recognition, and the conflict that is often claimed to exist between these two approaches to diversity. Different forms or interpretations of recognition and toleration are considered, confusing and problematic uses of the terms are noted, and the compatibility of toleration and recognition is discussed. The article argues that there is a range of legitimate and importantly different conceptions (...) of both toleration and recognition that are often not clearly distinguished, and that compatibility varies across this range and depending on what one considers the conceptions in relation to. (shrink)

Desde hace unas décadas se ha manifestado un movimiento en la literatura relevante que busca la superación de la tolerancia, especialmente en casos como el de la diversidad sexual y otras diferencias atributivas. La idea subyacente es que la tolerancia es incompatible con el respeto que nos debemos como iguales en una democracia. En este artículo argumentamos que la noción de respeto que motiva tal movimiento es inadecuada políticamente, dados los profundos desacuerdos de nuestras sociedades. En su lugar proponemos una (...) alternativa que denominamos “respeto institucional”, que privilegia las posibilidades efectivas de participación política. (shrink)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)