based argument in “Autonomy, toleration, and the harm principle. excluding it is one of the goals of Joseph Raz’s autonomy-based argument in “Autonomy. Joseph Raz aligns practices with harms in a different way w person who fails to See “Autonomy, Toleration, and the Harm Principle,” in Issue. Philosophy, ed. First, it is essential for the concept of toleration that the tolerated beliefs .. Raz, J. , , “Autonomy, Toleration, and the Harm Principle,” in S.

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Both of these points require some attention. In State v Brown for example, the assumed facts were that tolsration defendant beat his wife when she drank alcohol, doing so at her tokeration request, as she thought this would be the most effective way to cure her severe alcoholism. Nagel’s argument claims that one treats a person as a means only if one does not give him adequate reason to share the end you are coercing him into.

The Concept of Toleration and its Paradoxes It is necessary to differentiate between a general concept and more specific conceptions of toleration see also Forst It is important to keep in mind that the normatively dependent concept of toleration itself does not provide such a justification; this has to come from other normative resources. Autonomy presupposes weak value pluralism.

Law does have limits. Recently he has stressed the Kantian imperative against treating people as a means only Nagel What sorts of argument could possibly be princuple against the lawmaker? Search my Subject Specializations: In the late s in English society, it was at least arguable in Devlin’s view toleraiton there was enough intolerance, indignation and disgust to justify the criminal law prohibition against homosexual behaviour between consenting adults.

This item appears on List: Principled jospeh beyond means-ends or practical limits are elusive and hard to justify.

Where they are not, their condemnation is still secure on hrm basis automomy the conventional understanding of the nature of those ideas. Now clearly if a comprehensive doctrine such as natural law theory with its robust conception of the good life can pass the test, the test is likely to be a blunt instrument.

This is best explained with the conceivable, if practically unlikely, possibility of the willing slave: Third, the limits of toleration need to be specified.


Rather, these are different, historically developed understandings of what toleration consists in that can all be present in society at the same time, so that conflicts about the meaning of toleration may also be understood as conflicts between these conceptions cf.

But look around you; virtually everyone thinks you are wrong. In the course of the religious-political conflicts throughout Europe that followed the Reformation, toleration became one of the central concepts of political-philosophical discourse, yet its history reaches much further back into antiquity for the following, see esp. Devlin’s account unacceptably implies that a corrupt and immoral society has as much right to perpetuate itself as a decent society, provided it is able to integrate the society.

Not on certain accounts. Everyone agrees that the immorality of an action is not a sufficient reason for state coercion since as we have seen there are means-ends limits and practical limits.

The Limits of Law (Stanford Encyclopedia of Philosophy/Spring Edition)

In each case, the limits of toleration seem either arbitrary or too narrow, as in the esteem conception, which only allows toleration of those beliefs and practices that can be ethically valued. Princeton University Press, 18— Contemporary debate has focused on questions of respecting particular religious practices and beliefs, ranging from certain manners of dress, including the burka, to certain demands to be free from blasphemy and religious insults LabordeNeweyNussbaumLeiterTaylor and StepanModoodForstch.

There does indeed seem on the face of it to be something special about harm.

This paradox is inherent in the idea that toleration is a matter of reciprocity and that therefore those who are intolerant need not and cannot be tolerated, an idea we find in most of the auyonomy texts on toleration. Finding principled limits to the law, it will be suggested, is an elusive task. The said practices or beliefs are wrong, but not intolerably wrong. They lie at the point where there are reasons for rejection that are stronger than the reasons for acceptance which still leaves open the question jpseph the appropriate means of a possible intervention ; call this the rejection component.

Toleration (Stanford Encyclopedia of Philosophy)

The best pronciple against George’s position would be ruled out of court. WealeScanlon As we saw when discussing neutrality, no neutralist argues the law need be neutral about what is right.


The state has the task of realizing peace and justice, thus it has the right to regulate the external exercise of religion. I think, therefore, that it is not possible to set theoretical limits to the power of the State to legislate against immorality.

So much so that it was not worthy of serious discussion. Serious gambling probably does get in the way of valuable options of many and does not enhance the value of the life of anyone. The state need not be neutral as between matters of the right, on the one hand, and the good, on the other, between murderers and charity workers Mulhall and Swiftpp.

The Limits of Law

But the point can be made more general: Setting a reading intention helps you organise your reading. We do not argue morally, he says, when we prejudge, when we parrot, when we rationalize and when we merely emote. This has often been seen as a skeptical argument, yet this is not what Bayle intended; what he suggested, rather, was that the truths of religion are of a different epistemological character than truths arrived at by the use of reason alone.

If we combine the halves we get this: In his Persian Lettershowever, he had developed a more comprehensive theory of religious pluralism. Please log in to set a read status Autpnomy a reading intention helps you organise your reading. But this is merely a contingent truth and if our houses were built differently the content of the law to be enforced could legitimately be the opposite of what it barm.

RazSandel Perhaps it should be thought of in sutonomy context not as a principle of criminalization or even of fixing the law’s limits in general, but as a principle governing the appropriate use of imprisonment? In this sense the immorality of an action or value of the goal to be josfph are none of them sufficient of themselves for state coercion.