Tolerance of the Intolerant?

Ratio Juris 10 (2):236-246 (1997)
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Abstract

In the first part of the essay, the author analyzes the difference and the relation between two different ideas of toleration, the passive and the active meaning. While the former is related to opportunistic and prudential purposes, the second is grounded in an ethical framework and presupposes the individual's freedom of conscience. This second meaning appears to be very important in a multicultural society: On its basis it is possible to develop toleration both as a plurality of contexts of choice and as a priority rule between conscience and culture in Rawlsian terms. In the second part, starting from the case of O. Preminger Institut v. Austria, the author examines the relation between this idea of toleration and freedom of speech.

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Guy Haarscher
Université Libre de Bruxelles

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