David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 8 (1):41-70 (2002)
I attempt to show that toleranceis part of the idea of American law: for any legalsystem must incorporate the capacity toaccommodate differences in order to meet theminimal standards necessary to apply a rule. There are multiple forms of tolerance, however, some ofwhich are inconsistent with liberal principles.By examining several lines of jurisprudencerelating to speech and privacy, I show thatAmerican law reflects elements of bothliberalism and conservative communitarianism. I attempt to reconcile these by suggesting they actuallyreflect a perfectionist foundation of liberalautonomy. That is to say, American law doesnot value moral autonomy and reasoned discoursebecause they protect neutrality betweendifferent ideas of the good life: rather, thelaw reflects an idea of the good life that seesmoral autonomy as advancing well being.This perfectionist liberal foundation oftolerance reflects the evolution of Americanlaw. Through slavery, sexism and the controlof erotic speech we see how it expanded theideas of who is capable of rationaldiscourse and what activities incorporatethe exercise of reasoned moral autonomy;and how the law imposes this autonomouscapacity on individuals as the price ofcitizenship, even if they belong to groups whodeny the value of reason or autonomy.
|Keywords||American law autonomy perfectionist liberalism tolerance|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Ekow Nyansa Yankah (2008). The Law of Duty and the Virtue of Justice. Criminal Justice Ethics 27 (1):67-77.
Colin M. Macleod (1997). Liberal Neutrality or Liberal Tolerance? Law and Philosophy 16 (5):529 - 559.
Mark R. Reiff (2007). The Attack on Liberalism. In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
Steven Wall (1998). Liberalism, Perfectionism and Restraint. Cambridge University Press.
Kevin Vallier (2013). Can Liberal Perfectionism Justify Religious Toleration? Wall on Promoting and Respecting. Philosophical Studies 162 (3):645-664.
Colin Farrelly (1999). Public Reason, Neutrality and Civic Virtues. Ratio Juris 12 (1):11-25.
Sheila McLean (2010). Autonomy, Consent and the Law. Routledge-Cavendish.
Added to index2009-01-28
Total downloads12 ( #151,141 of 1,692,983 )
Recent downloads (6 months)3 ( #78,896 of 1,692,983 )
How can I increase my downloads?