Toleration, neutrality, and exemption

ABSTRACT

I focus on some controversial features of Peter Balint’s stimulating and provocative reassessment of the place of toleration in contemporary diverse societies. First, I question his argument that we must enlarge the concept of toleration to include indifference and approval if toleration is to be compatible with state neutrality. Secondly, I suggest that his idea of active neutrality of intent risks encountering the same difficulties as neutrality of outcome, although these will be mitigated the more the state’s neutrality takes a ‘hands-off’ form. Thirdly, while accepting his claim that exemptions depart from neutrality insofar as they attribute a significance to religious and conscientious convictions that they deny to mere preferences, I argue that that departure is not arbitrary and remains within the spirit of neutrality of intent.

KEYWORDS:

• Exemption
• negative freedom
• neutrality
• tolerance
• toleration

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. Since neutrality arouses strong feelings amongst political theorists, ranging from passionate adherence to contemptuous incredulity, note that the logic of the relationship between neutrality and toleration is a matter separate from the question of whether a state can or should be neutral.

2. Of course, one can never be sure. Some may object to bird-watching as a reprehensible waste of time and the Muslim who believes music to be unIslamic will have especial reason to object to Bach.

3. See further, Jones (2007) and, in reply to Balint (2012), Jones (2012).

4. I attempt to in Jones (2015). See also Laborde (2017), ch. 6.

Additional information

Notes on contributors

Peter Jones

Peter Jones is Emeritus Professor of Political Philosophy at Newcastle University, UK. Much of his work has focused on issues associated with differences of belief, culture and value, including issues of toleration, recognition, freedom of expression, religious accommodation, and discrimination law. He has also written on democracy, international justice, and the nature of liberalism, and on different aspects of rights, including human rights, group rights, and welfare rights. His Essays on Toleration was published by ECPR Press/Rowman & Littlefield in 2018.