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

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.