Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law

Rafael Lourenço Navarro

doi:doi:10.11648/j.hss.20221001.12

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Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law

Rafael Lourenço Navarro

Published in Humanities and Social Sciences (Volume 10, Issue 1)

Received: 9 December 2021 Accepted: 30 December 2021 Published: 21 January 2022

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Abstract

Context: The debate on the issue of Justice from the premise of the need for an impartial criteria. Objective: It is intended to demonstrate the social pathologies resulting from the understanding of law and justice as impartial validation criteria established prior to social events that they intend to regulate and legitimize. The article seeks, then, to establish an understanding of democracy as the effectuation of the constitutive rules of the multiple forms of life in a democracy. Method: The bibliographical research and argument confrontation method was used through the conditional inferential logic of the pragmatic theory of language. Relevance/Originality: The article demonstrates how it is possible to broaden the understanding of Law so that it becomes a source of social dynamism, producing justice by avoiding the anomie of understanding Law as a stabilizer of expectations in the dispute between conflicting wills. Results: The article demonstrates the feasibility of understanding Law as a set of constitutive rules of democracy. Such understanding proves to be effective as a theoretical response to the anomies faced by contemporary democracies. Theoretical/Methodological Contributions: The application of the concept of constitutive rules to Law and the use of Robert Brandom's inferential logic in the analysis of democratic issues are innovative elements present in the article. Contributions: The theoretical proposal demonstrates the importance of grounding the Law on the appropriation of legal rules made by the person living in a democracy, especially the person that is in an unfavorable social situation.

Published in	Humanities and Social Sciences (Volume 10, Issue 1)
DOI	10.11648/j.hss.20221001.12
Page(s)	10-20
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Brandom, Democracy, Justice, Rawls, Sen

References

[1]	AGAMBEN, Giorgio. AltíssimaPobreza. São Paulo: Boitempo, 2014.
[2]	AGAMBEN, Giorgio. O reino e a glória: umagenealogiateológica da economia e dogoverno [Homo Sacer II]. São Paulo: Boitempo, 2011.
[3]	ARENDT, Hannah. Origins of Totalitarianism. Cleveland: Meridian Books, 1958.
[4]	ARISTÓTELES. Ética a Nicomaco. São Paulo: Martin Claret, 2014.
[5]	ARISTÓTELES. Política. São Paulo: Edipro, 1995.
[6]	BRANDOM, Robert B. Articulating Reasons: an introduction to inferentialism. Cambridge: Havard University Press, 2001.
[7]	BRANDOM, Robert B. Making it Explicit: Reasoning, Representing & Discursive Commitment. Cambridge: Havard University Press, 1998.
[8]	BRANDOM, Robert B. Reason in Philosophy: Animating Ideas. Cambridge: Havard University Press, 2009.
[9]	DAHL, Robert. A Critique of the Ruling Elite Model. The American Political Science Review, v. 52, n. 2, p. 463-469, 1958.
[10]	DWORKIN, Ronald. Levandoos Direitos a sério. São Paulo: Martins Fontes, 2002.
[11]	HABERMAS, Jürgen. Direito e Democracia: entre Facticidade e Validade. São Paulo: Tempo Brasileiro, 1997.
[12]	HAVELOCK, Eric A. The Greek Concept of Justice: From Its Shadow in Homer to Its Substance in Plato. London: Havard University. 1978.
[13]	HONNETH, Axel. O Direito da Liberdade. São Paulo: Martins Fontes, 2015.
[14]	MACINTYRE, Alasdair. Justiça de quem? Qualracionalidade? São Paulo: Loyola, 1991.
[15]	RANDALL JR., John Herman. Plato's Treatment of the Theme of the Good Life and his Criticism of the Spartan Ideal. In: Journal of the History of Ideas, Vol. 28, No. 3 (Jul. - Sep., 1967), pp. 307-324. University of Pennsylvania Press.
[16]	RAWLS, John. A Theory of Justice. Nova Yorke: Havard University Press, 1971.
[17]	RAWLS, John. Justice as Fairness: Political not Metaphysical Philosophy & Public Affairs, Vol. 14, No. 3 (Summer, 1985), pp. 223-251.
[18]	RAWLS, John. Fairness to Goodness. The Philosophical Review, Vol. 84, No. 4 (Oct., 1975), pp. 536-554.
[19]	RAWLS, John. O liberalismo político. São Paulo: WMF Martins Fontes, 2011.
[20]	RAWLS, John. The Priority of Right and Ideas of the Good. Philosophy & Public Affairs, Vol. 17, No. 4 (Autumn, 1988), pp. 251-276. Wiley.
[21]	SCANLON JR, Thomas M. What We Owe to Each Other. Cambridge: Cambridge University Press, 1998.
[22]	SEN, Amartya. The idea of justice. Cambridge: Harvard University Press, 2011.

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Rafael Lourenço Navarro. (2022). Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law. Humanities and Social Sciences, 10(1), 10-20. https://doi.org/10.11648/j.hss.20221001.12

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Rafael Lourenço Navarro. Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law. Humanit. Soc. Sci. 2022, 10(1), 10-20. doi: 10.11648/j.hss.20221001.12

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Rafael Lourenço Navarro. Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law. Humanit Soc Sci. 2022;10(1):10-20. doi: 10.11648/j.hss.20221001.12

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@article{10.11648/j.hss.20221001.12,
  author = {Rafael Lourenço Navarro},
  title = {Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law},
  journal = {Humanities and Social Sciences},
  volume = {10},
  number = {1},
  pages = {10-20},
  doi = {10.11648/j.hss.20221001.12},
  url = {https://doi.org/10.11648/j.hss.20221001.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20221001.12},
  abstract = {Context: The debate on the issue of Justice from the premise of the need for an impartial criteria. Objective: It is intended to demonstrate the social pathologies resulting from the understanding of law and justice as impartial validation criteria established prior to social events that they intend to regulate and legitimize. The article seeks, then, to establish an understanding of democracy as the effectuation of the constitutive rules of the multiple forms of life in a democracy. Method: The bibliographical research and argument confrontation method was used through the conditional inferential logic of the pragmatic theory of language. Relevance/Originality: The article demonstrates how it is possible to broaden the understanding of Law so that it becomes a source of social dynamism, producing justice by avoiding the anomie of understanding Law as a stabilizer of expectations in the dispute between conflicting wills. Results: The article demonstrates the feasibility of understanding Law as a set of constitutive rules of democracy. Such understanding proves to be effective as a theoretical response to the anomies faced by contemporary democracies. Theoretical/Methodological Contributions: The application of the concept of constitutive rules to Law and the use of Robert Brandom's inferential logic in the analysis of democratic issues are innovative elements present in the article. Contributions: The theoretical proposal demonstrates the importance of grounding the Law on the appropriation of legal rules made by the person living in a democracy, especially the person that is in an unfavorable social situation.},
 year = {2022}
}

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T1  - Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law
AU  - Rafael Lourenço Navarro
Y1  - 2022/01/21
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AB  - Context: The debate on the issue of Justice from the premise of the need for an impartial criteria. Objective: It is intended to demonstrate the social pathologies resulting from the understanding of law and justice as impartial validation criteria established prior to social events that they intend to regulate and legitimize. The article seeks, then, to establish an understanding of democracy as the effectuation of the constitutive rules of the multiple forms of life in a democracy. Method: The bibliographical research and argument confrontation method was used through the conditional inferential logic of the pragmatic theory of language. Relevance/Originality: The article demonstrates how it is possible to broaden the understanding of Law so that it becomes a source of social dynamism, producing justice by avoiding the anomie of understanding Law as a stabilizer of expectations in the dispute between conflicting wills. Results: The article demonstrates the feasibility of understanding Law as a set of constitutive rules of democracy. Such understanding proves to be effective as a theoretical response to the anomies faced by contemporary democracies. Theoretical/Methodological Contributions: The application of the concept of constitutive rules to Law and the use of Robert Brandom's inferential logic in the analysis of democratic issues are innovative elements present in the article. Contributions: The theoretical proposal demonstrates the importance of grounding the Law on the appropriation of legal rules made by the person living in a democracy, especially the person that is in an unfavorable social situation.
VL  - 10
IS  - 1
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Rafael Lourenço Navarro

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Rafael Lourenço Navarro. (2022). Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law. Humanities and Social Sciences, 10(1), 10-20. https://doi.org/10.11648/j.hss.20221001.12

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ACS Style

Rafael Lourenço Navarro. Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law. Humanit. Soc. Sci. 2022, 10(1), 10-20. doi: 10.11648/j.hss.20221001.12

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AMA Style

Rafael Lourenço Navarro. Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law. Humanit Soc Sci. 2022;10(1):10-20. doi: 10.11648/j.hss.20221001.12

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@article{10.11648/j.hss.20221001.12,
  author = {Rafael Lourenço Navarro},
  title = {Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law},
  journal = {Humanities and Social Sciences},
  volume = {10},
  number = {1},
  pages = {10-20},
  doi = {10.11648/j.hss.20221001.12},
  url = {https://doi.org/10.11648/j.hss.20221001.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20221001.12},
  abstract = {Context: The debate on the issue of Justice from the premise of the need for an impartial criteria. Objective: It is intended to demonstrate the social pathologies resulting from the understanding of law and justice as impartial validation criteria established prior to social events that they intend to regulate and legitimize. The article seeks, then, to establish an understanding of democracy as the effectuation of the constitutive rules of the multiple forms of life in a democracy. Method: The bibliographical research and argument confrontation method was used through the conditional inferential logic of the pragmatic theory of language. Relevance/Originality: The article demonstrates how it is possible to broaden the understanding of Law so that it becomes a source of social dynamism, producing justice by avoiding the anomie of understanding Law as a stabilizer of expectations in the dispute between conflicting wills. Results: The article demonstrates the feasibility of understanding Law as a set of constitutive rules of democracy. Such understanding proves to be effective as a theoretical response to the anomies faced by contemporary democracies. Theoretical/Methodological Contributions: The application of the concept of constitutive rules to Law and the use of Robert Brandom's inferential logic in the analysis of democratic issues are innovative elements present in the article. Contributions: The theoretical proposal demonstrates the importance of grounding the Law on the appropriation of legal rules made by the person living in a democracy, especially the person that is in an unfavorable social situation.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Democracy Needs Justice, Not Fairness: The Constitutive Rules of Democratic form of Life as an Answer to the Anomie of Law
AU  - Rafael Lourenço Navarro
Y1  - 2022/01/21
PY  - 2022
N1  - https://doi.org/10.11648/j.hss.20221001.12
DO  - 10.11648/j.hss.20221001.12
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 10
EP  - 20
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20221001.12
AB  - Context: The debate on the issue of Justice from the premise of the need for an impartial criteria. Objective: It is intended to demonstrate the social pathologies resulting from the understanding of law and justice as impartial validation criteria established prior to social events that they intend to regulate and legitimize. The article seeks, then, to establish an understanding of democracy as the effectuation of the constitutive rules of the multiple forms of life in a democracy. Method: The bibliographical research and argument confrontation method was used through the conditional inferential logic of the pragmatic theory of language. Relevance/Originality: The article demonstrates how it is possible to broaden the understanding of Law so that it becomes a source of social dynamism, producing justice by avoiding the anomie of understanding Law as a stabilizer of expectations in the dispute between conflicting wills. Results: The article demonstrates the feasibility of understanding Law as a set of constitutive rules of democracy. Such understanding proves to be effective as a theoretical response to the anomies faced by contemporary democracies. Theoretical/Methodological Contributions: The application of the concept of constitutive rules to Law and the use of Robert Brandom's inferential logic in the analysis of democratic issues are innovative elements present in the article. Contributions: The theoretical proposal demonstrates the importance of grounding the Law on the appropriation of legal rules made by the person living in a democracy, especially the person that is in an unfavorable social situation.
VL  - 10
IS  - 1
ER  -

Copy | Download