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405180

Modernity, Law and Tolerance

Article

Last updated: 20 Jan 2025

Subjects

-

Tags

Administrative Law

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.

DOI

10.21608/ijarlg.2025.343055.1091

Keywords

modernity, Habermas, Law and Tolerance

Authors

First Name

Ayman

Last Name

Elkholy

MiddleName

Awad

Affiliation

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

Email

ayman.awad.elkholy@mans.edu.eg

City

-

Orcid

-

First Name

Bjarne

Last Name

Melkevik

MiddleName

-

Affiliation

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

Email

sh2222@gmail.com

City

-

Orcid

-

Volume

6

Article Issue

1

Related Issue

49021

Issue Date

2024-06-01

Receive Date

2024-12-09

Publish Date

2024-06-01

Page Start

98

Page End

122

Print ISSN

2735-5411

Online ISSN

2735-542X

Link

https://ijarlg.journals.ekb.eg/article_405180.html

Detail API

http://journals.ekb.eg?_action=service&article_code=405180

Order

405,180

Type

Original Article

Type Code

2,012

Publication Type

Journal

Publication Title

International Journal of Advanced Research on Law and Governance

Publication Link

https://ijarlg.journals.ekb.eg/

MainTitle

Modernity, Law and Tolerance

Details

Type

Article

Created At

20 Jan 2025