A confident pluralism

John Inazu expands his thoughts on pluralism and Christianity in the Southern California Law Review. From the abstract:

A confident pluralism seeks to maximize the spaces where dialogue and persuasion can coexist with deep and intractable differences about beliefs, commitments, and ways of life. It is based upon two normative premises. The first is a suspicion of state power, a view that operates primarily as a constraint upon government. The second is a commitment to letting differences coexist, until (and unless) persuasion eliminates those differences. The second premise suggests that it is better to tolerate than to protest, better to project humility than certainty, and better to wait patiently for the fruits of persuasion than force the consequences of coercion.

Part I sets out the meaning and scope of a confident pluralism. Part II considers three of its aspirations: tolerance, humility, and patience. Part III examines the pluralist argument in the current political moment, and Part IV addresses its relationship to anti-discrimination norms. Part V suggests some of the legal and constitutional implications of a confident pluralism. Part VI explores more tentatively its implications for institutional pluralism, private monopolies, boycotts, and speech.

Will try to comment more later. Still trying to catch up after yet another work trip.

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