As a legal term, the word tolerance came into being as religious tolerance. An apt
example is the Patent of Tolerance of the Emperor Joseph II. In October 1781
Joseph II. issued this law to eliminate restrictions placed against the practice of the
Protestant and Greek Orthodox religions. He allowed for them to hold private
Services and removed the exclusion of their members from civil Service, university
career etc. Despite this, the Roman Catholic religion remained the official rehgion and
the only one that held public Services.
Religious tolerance presupposes the existence of an official state religion. Other
religions or denominations are tolerated in a fixed legal framework. Religious freedom
thus in fact contradicts the existence ofreligious tolerance. It is giving the individuals
the freedom to believe in, practice, and promote their religion of choice without
interference or official harassment.
Despite the existence ofreligious freedom in most modem societies, the notion of
tolerance is still quite often used in legal texts. In modern legal texts, however, the
meaning ofthe word varies from čase to čase. Sometimčs it refers to a general pattern
of behaviour, while in other instances it is used to define concrete actions.
It can be said that tolerance is no more a legal term in a strict sense. It has become
much more a cultural standard of behaviour that helps interpret legal norms in the
event of conflicting interests and rights. As such, it is not conditioned by the concrete
behaviour of others.