I have previously argued that toleration is best understood as an agent's intentional and principled refraining from interfering with an opposed other (or their behavior, etc.) in situations of diversity, where the agent believes she has the power to interfere (see my 2004a). Though I think this is the best available definition, it is only a definition and presents no normative claims about when toleration is warranted — i.e., about what is to be tolerated. As Peter Nicholson notes, ‘Toleration as a moral ideal cannot be value-neutral, and for this reason too it must be distinguished from the descriptive concept of toleration which can and should be valueneutral’ (1985, 161). Having previously offered a value-neutral account of the descriptive concept, I use that analysis here to discuss the moral ideal.

Introduction

In November of 1785, Kant published a highly unsympathetic review of the second part of Johann Gottfried Herder's Ideas for a Philosophy of the History of Mankind. Herder had once been Kant's pupil, and had greatly admired his teacher, but the content of this review shows how profound the philosophical differences between them had by then become. A central area of dispute emerging from the review concerns the nature of happiness, and its place within the ‘destiny’ or ‘vocation’ (Bestimmung) of the human race. Kant is responding, in particular, to a section of the Ideas entitled: ‘The happiness (Glückseligkeit) of human beings is everywhere an individual good; consequently, it is everywhere climatic and organic, a child of practice, tradition, and custom.’ Although Kant is not mentioned by name in this section, it clearly contains critical rejoinders, often quite harsh in tone, to aspects of his practical philosophy and philosophy of history, as Herder understands them.

Where in Kant's ethical theory may we find principles, guidance, or at least insights, about the morality of abortion? The formula of universal law is a natural place to begin looking. There is a long tradition of focusing on Kant's formula of universal law as a principle for evaluating maxims, resting in part on the belief that Kant intends the formula of universal law to be so used (G 4:437-38). It is hardly surprising that some philosophers have already turned to this principle searching for the — or at least a — Kantian view of abortion.

Since Sydney Shoemaker published his seminal article ‘Self-Reference and Self-Awareness’ in 1968, the notion of ‘Immunity to Error through Misidentification’ (IEM) has received much attention. It crops up in discussions of personal identity, indexical thought and introspection, and has been used to interpret remarks made by philosophers from Wittgenstein to William James. The precise significance of IEM is often unspecified in these discussions, however. It is unclear, for example, whether it constitutes an important status of judgments, whether it explains an important characteristic of judgments, or whether it merely marks an important characteristic of judgments. Nevertheless, reference to IEM abounds, making this obscure notion seem all the more significant.

Gareth Evans’ account of Identification-freedom (IF), which he develops in Chapters 6 and 7 of The Varieties of Reference (henceforth VR) is almost universally misunderstood. Howell is guilty of this same misunderstanding, and as a result claims to have mounted a criticism of Evans, when in fact he has not. I will take the occasion of Howell's otherwise insightful article to clarify Evans’ position. Note that the bulk of Howell's analysis is targeted at the phenomenon known as immunity to error through misidentification (IEM), which is related to but not (necessarily) identical to IF. Therefore, the accuracy of Howell's treatment of Evans in particular is tangential to the main thrust of his article. My exegesis of Evans’ account — like any non-trivial exegesis — goes somewhat beyond anything Evans overtly says. That Evans did not explicitly put the pieces together in the way I suggest they fit no doubt contributes to the widespread misunderstanding of his views.