O POLÍTICO E O SOCIAL: DEMOCRACIA E INSTITUIÇÃO DE DIREITOS EM CLAUDE LEFORT

THE AIM OF THIS THESIS IS TO ANALYZE THE ROLE OF LAW AND RIGHTS IN CLAUDE LEFORT'S POLITICAL THEORY. OUR FOCUS WILL BE TO FOLLOW THE CLUES LEFT BY LEFORT IN HIS WORK ABOUT THE RELATIONSHIP BETWEEN CIVIL SOCIETY AND ESTABLISHED POWER. THE ROLE THAT HUMAN RIGHTS PLAY IN POLITICAL REGIMES IS CENTRAL TO HIS THEORY. THESE RIGHTS ARE CONSTITUTIVE OF DEMOCRATIC SOCIETIES AND REFER TO THEIR ORGANIZATION, ATTESTING TO A NEW MODE OF RELATIONSHIP BETWEEN MEN. FOR THE AUTHOR, THIS WAY OF INSTITUTING THE SOCIAL IS TYPICAL OF MODERNITY AND THE STATE SEEMS TO FULFILL THE ROLE OF MANAGING THIS SPACE. THROUGHOUT THIS WORK, WE HAVE TRIED TO DECIPHER THE ROLE OF THE STATE IN THE INSTITUTION OF RIGHTS, WHILE THE SYMBOLIC SCOPE OF RIGHTS APPEARS TO BE CONSTITUTIVE PART OF CIVIL SOCIETY - WHICH WOULD PLACE THESE TWO SPHERES IN A CONSTANT RELATIONSHIP. IN SEEKING TO UNDERSTAND THE SYMBOLIC EFFICACY OF THE REGIME, WE ARE INDIRECTLY DEALING WITH THE ESTABLISHMENT OF A SYSTEM OF RULES THAT WILL GUIDE THE RELATIONSHIPS ESTABLISHED IN SOCIETY. AND THESE RULES DEVELOP ACCORDING TO A SERIES OF ELEMENTS, INCLUDING THE DEFINITION OF LAW AND THE ROLE IT PLAYS IN DIFFERENT SOCIAL FORMATIONS. WE MUST ALSO ANALYZE WHETHER THE LAW IS CAPABLE OF ENGENDERING THE RELATIONSHIPS MAINTAINED BY MEN, WHETHER IT IS EFFECTIVE IN SETTING A LIMIT TO THE REALIZATION OF HUMAN DESIRE AND POWER, OR WHETHER IT BUILDS THE TIES THAT WILL BIND RIGHTS TO DUTIES.