Compromising on Justice by Fabian Wendt

Author:Fabian Wendt [Wendt, Fabian]
Language: eng
Format: epub
Tags: Law, Jurisprudence
ISBN: 9780415741187
Google: PHFMngEACAAJ
Goodreads: 20605008
Publisher: Routledge
Published: 2014-01-15T07:37:36+00:00

Notes

1. It might be objected that toleration cannot be a mere modus vivendi. This might be argued to be the case since toleration presupposes that people have the power to act intolerantly. If a modus vivendi tends to arise when people realize that they lack that power, this means that a modus vivendi cannot be a form of toleration. But a modus vivendi does not imply a lack of power to interfere. It is rather defined as a situation where several parties have enough power so that no one can dominate the others completely. So a modus vivendi is characterized by a reciprocal power to interfere – this is why it is an alternative to conflict (a way of securing peace).

2. Here I have a broad kind of reflexive equilibrium methodology in mind. The idea is that our reasons for accepting general normative principles depends on how well their implications cohere with what we take to be plausible normative judgements in particular cases. Part of this is that a normative principle should not demand what is impossible. But the main point is not that a plausible normative principle has to be realistic in some sense, but that the evaluations or prescriptions implied by it have to be normatively plausible, i.e. not contradict too many of our considered moral judgements. In order even to engage in such an assessment in relation to Forst’s respect conception of toleration understood as a normative prescription, we need to be able to pick out which acts are instances of toleration out of respect, i.e. to apply the respect conception in a classificatory way.

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