Pragmatic democracy vis to vis substantial democracy: a dialogue between Richard Posner and Ronald Dworkin

• Autor(a) principal: Verbicaro, Loiane Prado
• Data de Publicação: 2019
• Outros Autores: Ferreira, Valeska Dayanne Pinto
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/5162
• topic: Democracy; Pragmatism; Method; Human Dignity; Individual Rights.; Filosofia do Direito, Teoria Política; Democracia; Pragmatismo; Método; Dignidade Humana; Direitos Individuais.

The article, through a bibliographical research of qualitative approach, proposes to analyze dissonant conceptions of democracy. On the one hand, the pragmatic institutional arrangement, which builds a model of democracy based on the conceptualization proposed by Joseph Schumpeter, according to which democracy is a method for making political decisions. Incorporating traces of this model, Richard Posner converges to a political notion with no intrinsic value, being only a device for the choice of rulers. On the other hand, a democratic and substantial structure, which proposes to protect individual rights, guarantee freedom, equality and dignity. In this substantial model, an authentic debate and a co-participatory conception are indispensable to the notion of democracy. Against this counterpoint, it is questioned: witch the democracy model more viable to realization of rights and dignity? To answer this problematic, this research proposes to investigate how minority rights may be embedded in the majority logic and to examine the reason for which the elitist struct is not enough to comprehend the complexity of democratic life. This is an important study, considering that democracy is a political regime widely used in the world, however has recently been put in check in certain countries, especially when, under the mantle of majority will, minority rights are reduced. In this scenario, the difficulty of pragmatic democracy is in the absence of value aspects, in a way not to consider equally all the individuals included in the democratic pact. Thus, it is concluded that the most viable model is one that is not limited to majoritarian procedures.