Modernity, democracy and law

Democratic public system of law as antifascist perspective

Abstract

We intend to think on the relation among modernity, Democracy and law, arguing that democratic public system of law, allowed by Western modernization as post-traditional societal-anthropological structure, acquires an universalist sense, well-marked by imbrication of human rights, pluralism-diversity and/in/by law, constituting itself as an antifascist and antitotalitarian perspective based on the promotion and inclusion of differences and against all forms of autocratic and personalist power. By means of bibliographic research and interpretative method, we seek, by reconstructing the structuring principles of this notion of Western modernization as decentered societal-anthropological basis, point to the law as its direct heritage and consequence, so that we can define democracy as construction of universality in/as/by legality from an institutionalist, procedural, systematic and mediated dynamic, which is a direct counter position to fascism as antisystemic, personalist and non-mediated posture.