A teoria da justiça de Nancy Fraser: contribuições para a teoria do direito

Abstract

In this research, the main objective is to reconstruct Nancy Fraser's Theory of Justice and then think about a Theory of Law based on her teachings. For this, it is important to review the interlocutors, such as Willian Scheuerman, Rainer Forst and Axel Honneth, who criticize Fraser's Theory of Justice, including his lack of attention to the law. Based on the assumption that the Law defines the citizens' needs, it is important to understand the philosopher's theoretical approach regarding the speeches of the needs in which subordinate groups unite in spaces of struggle to meet their demands - subordinate counter-republics - in search of parity participatory approach to official spheres. Fraser does not think in depth about the law and its implications. However, it is understood here, that it is necessary to think about Law through its work, because it theorizes about a democratic space in which social struggles occur, about how minority groups will fight in parity of participation with majority groups, and the assumption that Law, through its institutions, has a central role here that should be theorized by Fraser. Although Fraser says that the struggle for needs can translate into social rights, later, when the scholar theorizes about capitalism, what she reports about Law is that this is a form of domination, since she understands that Law is the person responsible for the survival of capitalism, through the assurance of private property rights, contractual rights, etc. So, in this sense, this work seeks to understand how to think, showing itself as possible, the Law as an emancipation in his work. The problem with this research is to answer the following question: to what extent would it be possible to think of a Theory of Law from the Theory of Justice theorized by Nancy Fraser? The general objective is to reconstruct Nancy Fraser's Theory of Justice to understand the extent to which Law can be thought from the perspective of the theory of Justice, as Fraser theorizes. As specific objectives, I would like to investigate the three scales of Fraser's theory of justice; to analyze how the contributions of Fraser's studies on the discourse of needs interact with the Law; reflect on the idea of subordinate counterpublics and the theory of law; think about the concept of participatory parity; investigate the extent to which the third scale of justice can be related to a Post-Westphalian perspective of law; understand law and critical theory through the debates of Fraser and his panelists; to think about how the Law is understood through its discussions about capitalism, to reflect on what could be the best form of institutionalization of justice from Fraser. To conclude, this work helps Critical Theory in the sense of understanding how Law can be understood as emancipation, through a Theory of Justice and a capitalist analysis of that time. The research technique includes indirect documentation and the historical-analytical method will be used to carry out the work. As a result, it is possible to affirm that Fraser's Theory of Justice can be useful for the construction of a Theory of a Democratic Law.