This essay examines contemporary liberal theory in light of the 12 cartoons of the Prophet Muhammad, first published in the Danish newspaper Jyllands-Posten. The objective is both to show the limits of liberal theory, in particular with regard to constituents who do not share liberalism's view of acceptable harm, and to discuss how these limits give us reason to supplement liberal theory with other recourses from critical theory and phenomenology. The essay warns against a bifurcation of law and harm, and (...) instead argues for a pluralization of the possible links between them. To this end, the essay foregrounds what T.M. Scanlon dubs a certain ‘creative instability’, which works to energize liberalism's practice of free speech. The essay tracks this possibility in relation to the plurality and energy intrinsic to the 12 Jyllands-Posten cartoons, and suggests that liberal theory can learn from thinkers such as Merleau-Ponty and Deleuze who focus on the variable impacts and framings of free speech. The upshot is a self-critical theory of free expression, one that links harmful speech to the affirmation of mutual contestation, social equality and respect for difference. (shrink)

One of the most important assumptions in liberal societies is that citizens should be tolerant of a diversity of values. We are challenged by this assumption to justify restraint when we confront what we oppose, disapprove of, or perceive to be immoral, even if we have the power to suppress perceived immoralities. Based on the work of Elliot Turiel, Jonathan Haidt, and Gerald Gaus, the argument developed in this article is that the best way to address the challenge is to (...) distinguish between public morality and other normative categories such as convention and private morality. Public morality circumscribes what should not be publicly tolerated. Conventional and private immoralities that are not prohibited by public morality should be tolerated. (shrink)

Using tombstoning (jumping from a height into water) as an example, this article claims that public health policies and health promotion tend to assess the moral status of activities following a version of health maximizing rule utilitarianism, but this does not represent common moral experience, not least because it fails to take into account the enjoyment that various health effecting habits brings and the contribution that this makes to a good life, variously defined. It is proposed that the moral status (...) of health threatening activities should instead be defined by a version of act utilitarianism where both maximizing value and method of calculation are decided by individuals. In this account personal responsibility for health is reduced to the obligation to undertake calculations effectively, comprising of two duties; epistemic and reflective. If there is an individual epistemic duty, it is plausible to suggest that health promotion should present information in a way which facilitates it, but despite the prevalent language of autonomous choice, discussion of health promotion messages, for example, related to drinking and smoking demonstrates that this currently does not happen. Health promotion strategies should seek to encourage reflection about the harm our health effecting behaviour causes others. (shrink)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, republican background (...) of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)

In this article I address two objections to Rawls’ account of international toleration. The first claims that the idea of a decent people does not cohere with Rawls’ understanding of reasonable pluralism and sanctions the oppressive use of state power. The second argues that liberal peoples would agree to a more expansive set of principles in the first original position of Law of Peoples. Contra the first I argue that it does not properly distinguish between the use of state power (...) aimed at curtailing difference and the oppressive use of state power. Contra the second I argue that transposing a liberal egalitarian set of principles in Law of Peoples would entail the unnecessary duplication of entitlements within different levels of governance and affect liberal peoples’ self-determination. The article also highlights how these criticisms are premised on the assumption that all societies should be liberal and that the correct view of global justice is a cosmopolitan one. (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)

In this paper I claim that there are moral reasons for making climate denialism illegal. First I define climate denialism, and then I discuss its impact on society and its reception in the media. I build my philosophical arguments mainly on John Stuart Mill and Thomas M. Scanlon. According to Mill’s utilitarian justification of free speech, even untrue opinions are valuable in society’s pursuit of more truth. Consequently one might think that Mill’s philosophy would justify climate denialists’ right to free (...) speech. A major section of the paper argues against that view. The main arguments are: Climate denialism is not beneficial because its main goal is to produce doubt, and not truth. Climate denialism is not sincerely meant, which is a necessary condition for Mill to accept utterances. Climate denialists bring harm, by blocking necessary action on climate change. Primarily they harm future generations and people in developing countries. Hence the case can be made in terms of global justice: Would future generations and people in developing countries support my claim? I think so, or so I argue. My argument from global justice is built on Scanlon’s distinction between the interests of participants, the interests of audiences, and the interests of bystanders. The climate denialists have participant interests ‘in being able to call something to the attention of a wide audience’. Audience interests consist in ‘having access to expressions that we wish to hear or read, and even in being exposed to some degree to expressions we have not chosen’. Future generations and people in poor countries are bystanders to the climate debate. If the debate postpones necessary actions, it is the bystanders who must pay the price. I argue that bystanders’ costs outweigh participants’ and audiences’ interests, and that this is an argument for a statutory ban on climate denialism.Article first published online: 21 DEC 2015. (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)

Toleranz wird für gewöhnlich als eine Einstellung definiert, die sich aus Akzeptanz und Ablehnung gegenüber der tolerierten Praxis zusammensetzt. In einem Aufsatz in dieser Zeitschrift hat Achim Lohmar dieses klassische Verständnis von Toleranz angegriffen und einen alternativen Toleranzbegriff stark gemacht. Ich werde argumentieren, dass Lohmars Analyse von Toleranz verfehlt ist, und zeigen, wie sich der klassische Toleranzbegriff gegen Lohmars Kritik verteidigen lässt. Dennoch ist Lohmars Kritik nicht uninteressant. Denn obwohl Lohmars begriffliche Kritik unzutreffend ist, lässt sich auf Lohmars Kritik aufbauend (...) ein inhaltliches Argument gegen die derzeit prominenteste Rechtfertigung von Toleranz formulieren, das Rawls’sche Argument von vernünftiger Meinungsverschiedenheit. Abschließend argumentiere ich gegen Lohmar, dass der personale Toleranzbegriff vom politischen nicht kategorial verschieden ist. (shrink)

Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as (...) toleration must necessarily be limited. Third, I take issue with the assumption that ‘true’ tolerance requires meta-tolerance, that is, that the issue of toleration must itself be approached in a ‘tolerant’ way. (shrink)

Die Idee der Toleranz führt in unserer liberalen Gesellschaft eine Art Doppelleben. Einerseits gibt es einen breiten öffentlichen Konsens darüber, dass Toleranz eine gute Sache ist. Andererseits haben die begrifflichen und normativen Paradoxien, die dem Toleranzkonzept offenbar inhärent sind, in der politischen Philosophie für Verwirrung gesorgt. In dieser Abhandlung verteidige und spezifiziere ich die Auffassung, dass Toleranz eine Kombination aus Ablehnung und Akzeptanz beinhaltet. Ich fokussiere mich vor allem auf die Akzeptanzkomponente, die bislang vernachlässigt worden ist. Diese Vernachlässigung erklärt einen (...) Großteil der Verwirrung, für die das Konzept der Toleranz gesorgt hat. Wenn wir einsehen, dass Akzeptanz den Verzicht auf besonders grausame oder gemeine Arten der Intervention meint, sollte klar sein, warum Toleranz moralisch geboten ist. Ich schließe mit einigen methodologischen Ausführungen dazu, wie die Toleranzproblematik angegangen werden sollte und wie nicht. (shrink)

The ‘traditional’ conception of toleration, understood as the putting up with beliefs and practices by those who disapprove of them, has come under increasing attack in recent years for being negative, condescending and judgemental. Instead, its critics argue for a more positive, affirmative conception, perhaps best captured by Anna Elisabetta Galeotti’s idea of ‘toleration as recognition’. In this article, without denying that it is not always the most appropriate form of response to differences, I defend the traditional conception of toleration (...) against its critics. Two principal arguments are advanced in defence of it: the first articulates its role as part of a viable and realistic political theory of modus vivendi, while the second argues that it is only the traditional conception of toleration that makes possible the mutual accommodation of some values that are genuinely antithetical and hostlie to each other. Thus, there remains an important place for the traditional conception of toleration in both political theory and practice. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (shrink)

This paper distinguishes two ways in which to think about the freedom of extremists. Non-pluralists claim to have identified the general rule for resolving moral conflicts, and conceptualize freedom as liberty of action in accordance with that rule. It follows, if extremist violence breaks the rule in question, removing this option does not infringe the freedom of extremists. In contrast, for pluralists there is no one general rule to resolve moral conflicts, and freedom is simply the absence of interference. I (...) argue here that pluralism provides a principled defense of freedom, as it allows us to see that removing options from extremists is worse, on prima facie grounds, than not doing so. Also, non-pluralists cannot show that they have identified the general rule for resolving moral conflicts, and in particular, are forced to rely on quite different principles altogether when justifying paternalistic responses to extremism. (shrink)

Scholars have long recognized the existence of myriad widespread deep disagreements on values, justice, morality, and ethics. In order to come to terms with such deep disagreements, resistant to rational solution, this article asserts the need for developing an ethics of disagreement. The reality that theoretical disagreements often turn into practical conflicts is a major justification for why such an ethics is necessary. This paper outlines an ethics of deep disagreement that is primarily conceived of as a form of virtue (...) ethics. Such an ethics asks opposing parties in moral and intellectual conflicts to acknowledge that (a) deep disagreements exist, (b) opposing positions should be recognized as worthy of respect, and that (c) one should seek dialogue and mutual understanding. This ethical approach conceives of toleration as a moral and political virtue and presents an argument for toleration based on deep disagreements. (shrink)

This thesis explores the meaning and educational implications of respect in liberal multicultural democracies. Significantly, I examine respect from a philosophical perspective as a civic virtue, and hence as a central aim of civic education.

All of a sudden, religious awareness has started to regain a relevance it had lost among Europeans. It is not that it had disappeared from European societies, but rather that it existed at a discreet secondary level. However, Europe is less secular and more post-secular than many would like to admit. The liberal model of freedom of conscience, it is, the separation between justice, the norms of political and institutional coexistence, and the whole model of toleration is being questioned from (...) all sides, and this essay will focus on one of these questions. If we take the political liberalism of Rawls as the paradigm of the liberal model, we can see that it gives rise to variations posing challenges that are more profound than they initially appear. This essay will look at one of these variations, raised by Martha Nussbaum, which is based on the demand for equality for believers underpinned by the idea of respect, which in her view is more desirable than toleration alone. (shrink)

Toleration is one of many responses toward diversity and difference. With the growing diversity, the theme of toleration has often taken center stage in discussions of multiculturalism and social pluralism. Nonetheless, it has not received much attention in the social work profession. Social workers often encounter situations in which they face a choice between tolerating and not tolerating. We argue that toleration is a legitimate and relevant topic in social work discourse. To make this point, first, this paper discusses different (...) conceptions of toleration. Then, it demonstrates its relevance to social work and explores a potential benefit of including the idea of toleration in social work discourse. Social work code of ethics implicitly supports toleration, or at least respect-toleration and esteem-toleration. Incorporating toleration in social work discourse may help social workers to better cope with or reduce ethical stress and disjuncture. (shrink)