Modernity, Law and Tolerance

Document Type : Original Article

Authors

1 Public law, faculty of law, Mansoura university, Mansoura, Egypt

2 professeur of philosophy of law at Laval university (Canada).

Abstract

In the context of this article, we propose to think about the concept of tolerance as part of the communication model of law. In fact, it is a question of seeing what the requirements of tolerance are as an integral part of the concept of law itself. Since tolerance, like law, presupposes reciprocity with regard to human dignity, we will also try to see how it manifests itself in law. In fact, on what basis can law be tolerant and in what horizon must it work to do so? The concept of law that today allows us to think adequately about tolerance as an integral part of law seems to us to be the communication model of law developed by the philosopher Jürgen Habermas. The communication model favors an open and thoughtful way of thinking about law, with a political conception of tolerance as a place of encounter and recognition that is situated in the democratic process where the author of laws and rights must bear the burden of encountering others in dialogue.We want to think about tolerance in law in relation to what is surely the most important challenge at the end of this century, namely the awakening of identity in democratic and pluralistic societies. This awakening of identity is a guiding way of positioning our discourse on tolerance in law. It is about thinking about our tolerance towards others, towards what they are or would like to be. However, we will not develop the issue of identity itself.

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