寛容の義務から、良心の自由の平等な保障へ

【ロック、ウィリアムズ、マディソン】

抄録

  This article seeks to identify the fundamental weaknesses of Locke’s theory of toleration, and argues that we can overcome them by adopting the theories of liberty of conscience which were developed in America by Roger Williams and James Madison among others. The author begins by showing that Locke concentrates on establishing the magistrate’s duty of toleration (in the sense of his duty to refrain from using force in religious matters), without adequately defending the value of each person’s liberty of conscience, or the equal protection of it. He examines Locke’s view that liberty of conscience undermines a stable social order, and contrasts it with the view, held by Williams, that conscience is a precious, inviolable moral power possessed by all human beings. The author further claims that Williams’s introduction of the device of ‘accommodation’ reveals his stronger commitment to the equal protection of liberty of conscience, while arguing that Madison’s refusal to accept the states fthe state’s financial support for Christianity, as well as his general anti-establishmentarianism, shows a firmer commitment to the equal protection of liberty of conscience than Locke’s theory. Thus, the author argues towards the conclusion that a viable theory of liberty of conscience should be so formulated as to incorporate the insights and arguments of the two American thinkers.