One of the greatest merits of the critical legal studies movement was to have created an intellectual space in which law and legal thought could be better used to resist the dictatorship of no alternatives. Its limited but important contribution to such resistance was the development of ideas about alternatives, made from the contradictions and variations in established law. The greatest failure of the movement was not to have embraced and executed this task more fully.

̆[T]he vision and anticipatory experience of transformed personal relations encourage the self-restraint vital to successful institutional reconstruction. When the government's active engagement in the defense of established institutional arrangements has been shaken by violent or peaceful means and when settled assumptions about collective identities, interests, and opportunities have come partly unstuck, institutional reinvention enjoys its favored moment. This opportunity can, nevertheless, be squandered if redistribution over material advantages takes priority over institutional reconstruction.

If I propose something distant, you may sayː interesting, but utopian. If I propose something close, you may answerː feasible but trivial. In contemporary efforts to think and talk programmatically, all proposals are made to seem either utopian or trivial. We have lost confidence in our ability to imagine structural change in society, and fall back upon a surrogate standardː a proposal is realistic if it approaches what already exists. It is easy to be a realist if you accept everything.

I have pursued this intellectual program by building a radical alternative in social theory to Marxism, by recasting legal thought as an instrument of the institutional imagination, by proposing particular institutional alternatives for the organization of the economy and the state, and by developing a philosophical conception of nature and mankind within which history is open, novelty is possible, and the divinization of humanity counts for more than the humanization of society.

To come out from under the protective wall of role, habit, and frozen perception, a person must throw himself into a situation of heightened exposure. He must put himself at greater risk to the harm that other people may do to him and to the destructive influence that enlarged experience may have on what he had previously regarded as his enduring core of identity.

The cultural revolutionary wants to show how roles can be stretched, pulled apart, combined with other roles, and used incongruously. He acts out of a loosened sense of what it means to occupy a role. In this way he helps disrupt frozen connections among social stations, life experiences, and stereotyped forms of insight and sensibility. He thereby carries into the drama of everyday personal relations the effort to free sociability from its script and to make us available to one another more as the originals we all know ourselves to be and less as placeholders in a system of group contrasts.

In our advance to a greater life, we confront an initial obstacle. Unless we remove or overcome this obstacle, we can rise no further. We spend our time in a daze of diminished existence, neither awake nor asleep. We resign ourselves to compromise and routine, seeing the world through the categories of the prevailing culture or the methods of established ways of thinking. We reconcile ourselves to the mutilation of our experience that we begin to accept when we entered on a particular course of life. We allow ourselves to be subdued by the carapace of diminished experience that formed around is, as we grew older. For the vast majority of men and women, overwhelming economic necessity and drudgery overwhelm and disguise a stupefaction that would otherwise be apparent. For the increasing number of people who, with the material progress of society, are released from grinding material constraint, there is no disguise. In this way, we cease to live as embodied spirit: as the context-bound but context-resisting agents that we really are. That which is most precious—life itself—we give away in return for nothing. We belittle ourselves, wrongly mistaking our belittlement for a fate as inescapable as our mortality, our groundlessness, and our insatiability.

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A deepened, high-energy democracy does not seek to replace the real world of interests and of interest-bearing individuals with the selfless citizen and with the all-consuming theater of public life. It is not a flight into republican purism and fantasy. It wants to enhance our ordinary powers, enlarge the scope of our ordinary sympathies and ambitions, and render more intense our ordinary experience. It seeks to do so by diminishing the distance between the ordinary moves we may within institutional and ideological contexts take for granted and the extraordinary initiatives by which we challenge and change pieces of those contexts. Its agent and its beneficiary are one and the same: the real thing—the frail, self-interested, longing individual in the flesh, the victim of circumstance whom no circumstance can ever completely or definitively confine.

Any casual observer of humankind will have been struck by the incongruity with which we may lavish great passion upon the trivial, the frivolous, and the ephemeral or upon collective crusades to which, suddenly and with little reason or reflection, we sacrifice everything. When ordinary men and women, living in the ordinary situations society offers them, move beyond the domain of their most intimate personal relations, they often find little to deserve their surviving intensity—little other than the great historical storms that occasionally sweep them up or fanciful individual escapes that remain disconnected from their daily lives.... A program like the one outlined here remains united to the cause of progressive thought by its emphasis upon the liberation of ordinary people from drudgery and humiliation.

The cultural-revolutionary politics of personal relations may be far more firmly established in the domains of domesticity, leisure, and consumption than in the organization of practical life. It may still flourish more strongly among the educated professional classes than among ordinary working people. Its war against the tyranny of roles and hierarchies may be perverted by a lack of institutional imagination. Yet its achievements are real. We cannot understand them merely as a series of episides in the confined life of high culture. We can often trace the ideas of this cultural-revolutionary politics of role-jumbling to the work of small numbers of thinkers, artists, and professional outsiders. But the diffusion of these ideas through the medium of popular culture, and the sympathy with which they have been greeted by ever larger sectors of the population, would have been inconceivable without a prior transformation of social life. As always, people had to see enacted before their eyes a fragmentary example of the connection between the freedom to revise social arrangements and assumptions and freedom from dependence and depersonalization. Only then could they want more of the same and believe more possible.