AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 42 No 1 (1996), 45–51

Způsoby tolerance jako typy demokracie

[Modes of Tolerance as Types of Democracy]

Milan Znoj

DOI: https://doi.org/10.14712/23366478.2025.208
published online: 31. 03. 2020

abstract

Thesis no. 1: Tolerance is a liberal axiom in concept of modem state and means the following: – The state is not a personification of the strong good (ethical ideas). The state cannot tell citizens what is and what is not the sense of their lives, to what they should or should not devote their life endeavour, what is good or bad from the ethical point of view for them. In this sense, however, a tolerant state is not set apart from the good and evil. Nevertheless, moral principals, which the state represents, are political principals of cooperation of different people within one common state. These principals are comprised of tolerance, equality, justice, man rights and freedoms, etc. These political principals are not as comprehensive as the ethical good has in man’s life, but they are not irrelevant from the moral perspective. – State is a community of people and every member of such a community has his own idea about the good. Therefore, the pluralistic good lives, develops and is maintained. Tolerance is a fundamental method of its liberal coexistence. – Tolerance may exist only in environment, where there is difference between public and private, i.e. in the area, where rights and freedoms represent a subjective claim against the power of state and where the state power is limited from this point of view. – Tolerance is not only a political axiom, as it also is a morality of citizens. Because the principal of tolerance has to be compatible with my believes (with personal identity and with the ethical good). In other case, there would be an unsurpassable gap between my private and public life, or in other words, between my ethical and political life and I would be forced to breach one or another either by words orby acting. The compatibility of principal of tolerance and my personal identity is not formally logical; on the contrary it represents the possibility of coexistence of both these principals in the consciences and life of one man. Thesis no. 2: Democracy is not compatible with tolerance ex definitione. Regardless what definition we use for democracy, it is always the idea of sovereignty of people. The question is why people should respect, in a frame of aforementioned conception, the tolerance of its government. Democracy is facing objection chat it represents tyranny of majority. And the principal of tolerance is protection against degeneration of democracy into tyranny. Thesis no. 3: Based on grades of tolerance we can distinguish different types of democracy. a) Mechanical concept of tolerance, when difference is measured by one abstract standard, corresponds with democracy characterized as governance of majority. b) Tolerance presented in aforementioned liberal concept corresponds with liberal democracy, chat provides liberal environment for pluralistic attempts of individuals while creating a bond necessary for just, equal and sensible collaboration of various people within one political community. c) Tolerance, which only recognizes digression in a framework of single general ethical good, corresponds to organic concept of democracy, according to which a state is expression of ethical union (the spirit) of people.

Creative Commons License
Způsoby tolerance jako typy demokracie is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

Download