10 Ratio Juris 1 (1997)

handle is hein.journals/raju10 and id is 1 raw text is: 

Ratio Juris. Vol. 10 No. 1 March 1997 (1-8)

Tolerance and War: The Real

Meaning of an Irreconcilability


Abstract. Starting from the distinction between concept and conception, the author
proposes a pluralistic view of toleration focussed on the equality of individuals and
cultures and on legal-rational control of social relationship. Analyzing the basic marks
of toleration (toleration and power, the costs of toleration, toleration and value) the
author shows how the option for toleration is a choice for subjecting social relations
to reason and rules (law) instead of passions and violence (war).

I. Introduction
In the following few pages I shall simply try to reason why, at this very time,
a strong case for toleration and an emphasis on the clear-cut contradiction
between toleration and war, and on the sharp connection between toleration
and law are so imperative. The reason is that the ancient perverse fascination
to resort to war rather than to law (national and/or international law) to
solve social, economic and political conflicts, seems nowadays once again to
bewitch peoples and governors. Therefore, what follows can be even read as
nothing more (and nothing less) than a short commentary on these lines
from the Preamble of the Charter of the United Nations: We, the Peoples of
the United Nations determined to save succeeding generations from the
scourge of war, which twice in our lifetime has brought untold sorrow to
mankind [...] and for this end to practice tolerance and live together in peace
with one another [...] (italics added).

II. Concept and Conceptions of Toleration
What does toleration mean?'
I From here onwards, speaking about a political principle, I shall use the word toleration
instead of tolerance, which mostly refers to a moral virtue instead of a political principle. See
Lukes 1997.
 Blackwell Publishers Ltd. 1997, 108 Cowley Road, Oxford OX4 lJF, UK and 350 Main Street, Malden, MA 02148, USA.

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