Tolerance as a Legal Basis for the Development of Civil Society

The article notes that legal values are a defining element of legal influence on society, which have a significant impact on the mechanism of legal regulation. Values are the result of the generalization of social experience and the standard of what is proper, since they embody social ideals. Legal values are a phenomenon that is dynamically developing. One of the values that is already habitually correlated with the European style of legal thinking is tolerance. Tolerance is not just a value that is given legal significance (i. e., a value-goal), but a value that is legal in its content (i. e., a value-means). It is noted that a loyal, polite attitude towards another, unconventional, alien is, undoubtedly, a logical embodiment of the idea of equality (if it does not interfere with personal autonomy and state sovereignty). In this aspect, the idea of tolerance has a really pronounced legal coloring, because the law itself can and should ensure equality. It has been found that tolerance does not imply passive conformism, indifference, tolerance of social injustice, violation of the law, discrimination, violence, etc. Tolerance is one of the legal values, which implies respect and recognition of equality, attitude towards another person as an equal person, respect for his rights and freedoms through understanding and dialogue, refusal to reduce diversity to uniformity or the dominance of any one position, as well as from domination, violence and violent actions against others. Tolerance is one of the necessary and important guarantees of the development of civil society, which has its limit - restriction of freedom by harm caused to other members of society, which provokes such antipodes as intolerance on the one hand, and hypertolerance on the other. In conclusion, we note that the tolerance of social relations is inextricably linked with the application of law, the forms of its implementation, the implementation of legal activities, as well as the provision of rights and legitimate interests of the individual. From a theoretical perspective, the importance of the problem of tolerance in legal life lies in the fact that it belongs to the universal categories of legal science, is a special tool of scientific analysis in the legal sphere, ensures the implementation of law, observance of human rights, etc. Tolerance acquires exceptional importance in the practical life of a legal state and civil society. Ideally, the entire legal system should be built on tolerance, serve as a means of its expression, consolidation, protection and defense. Keywords: tolerance, law, legal imperatives, legal value, society, social relations, democratic culture, tolerance of social relations.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2025-03-21
DOI
https://doi.org/10.23939/law2025.45.015
Primary Topic
Regional Socio-Economic Development Trends
Type
article
Field-Weighted Citation Impact
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article

Tolerance as a Legal Basis for the Development of Civil Society

Taras Harasymiv, Volodymyr Kantsir
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Regional Socio-Economic Development Trends
article

Tolerance as a Legal Basis for the Development of Civil Society

Taras Harasymiv, Volodymyr Kantsir
article en

Abstract

The article notes that legal values are a defining element of legal influence on society, which have a significant impact on the mechanism of legal regulation. Values are the result of the generalization of social experience and the standard of what is proper, since they embody social ideals. Legal values are a phenomenon that is dynamically developing. One of the values that is already habitually correlated with the European style of legal thinking is tolerance. Tolerance is not just a value that is given legal significance (i. e., a value-goal), but a value that is legal in its content (i. e., a value-means). It is noted that a loyal, polite attitude towards another, unconventional, alien is, undoubtedly, a logical embodiment of the idea of equality (if it does not interfere with personal autonomy and state sovereignty). In this aspect, the idea of tolerance has a really pronounced legal coloring, because the law itself can and should ensure equality. It has been found that tolerance does not imply passive conformism, indifference, tolerance of social injustice, violation of the law, discrimination, violence, etc. Tolerance is one of the legal values, which implies respect and recognition of equality, attitude towards another person as an equal person, respect for his rights and freedoms through understanding and dialogue, refusal to reduce diversity to uniformity or the dominance of any one position, as well as from domination, violence and violent actions against others. Tolerance is one of the necessary and important guarantees of the development of civil society, which has its limit - restriction of freedom by harm caused to other members of society, which provokes such antipodes as intolerance on the one hand, and hypertolerance on the other. In conclusion, we note that the tolerance of social relations is inextricably linked with the application of law, the forms of its implementation, the implementation of legal activities, as well as the provision of rights and legitimate interests of the individual. From a theoretical perspective, the importance of the problem of tolerance in legal life lies in the fact that it belongs to the universal categories of legal science, is a special tool of scientific analysis in the legal sphere, ensures the implementation of law, observance of human rights, etc. Tolerance acquires exceptional importance in the practical life of a legal state and civil society. Ideally, the entire legal system should be built on tolerance, serve as a means of its expression, consolidation, protection and defense. Keywords: tolerance, law, legal imperatives, legal value, society, social relations, democratic culture, tolerance of social relations.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 12(45)
Openalex Percentile: Top 87%
Regional Socio-Economic Development Trends
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