The arrangements of society and culture are fighting petrified; they survive in the interruption or containment of practical and visionary strife. The more society and culture are organized to increase the distance between our context-preserving and our context-transforming activities, the more these arrangements take on the appearance of natural facts. They appear to us as givens, as our collective fate. Indeed, that is what, in a sense, they then become.
Brazilian philosopher and politician
Roberto Mangabeira Unger (born 24 March 1947) is a philosopher, politician, and law professor whose writings span the fields of social theory, philosophy of law, economics, religion, science, and general philosophy. Widely known as a key figure in the Critical Legal Studies movement, Unger has developed an intellectual project that proposes changes to political and social structures that would make society and individual lives more open to self-revision, fulfillment, risk-taking and experiment.
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The search for this latent and living law—not the law of prescriptive rules or of bureaucratic policies, but the elementary code of human interaction—has been the staple of the lawyer's art wherever this art was practiced with the most depth and skill. What united the great Islamic ‘ulama’, the Roman jurisconsults, and the English common lawyers was the sense they shared that the law, rather than being made chiefly by judges and princes, was already present in society itself. Throughout history there has been a bond between the legal profession and the search for an order inherent in social life. The existence of this bond suggests that the lawyer's insight, which preceded the advent of the legal order, can survive its decline.
Society will oscillate between long periods of relative stagnation in which state-protected privileges crowd out experiments in the organization of production and brief interludes in which much is destroyed before anything can be created. To perpetuate the practice of innovation, societies must replace such drastic and violent swings with a more constant liquefaction of deals and privileges. They must invent the structures that make structures easier to change.
The imagination works by a principle of sympathy with the suppressed and subversive elements in experience. It sees the residues, memories, and reports of past or faraway social worlds and neglected or obscure perceptions as the main stuff with which we remake our contexts. It explains the operation of a social order by representing what the remaking of this order would require. It generalizes our ideas by tracing a penumbra of remembered or intimated possibility around present or past settlements, and it then subhjects this enlarged sense of possibility to the tests of further comparison and practice. By all these means it undermines the identification of the actual with the possible.
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By the structure of society, I mean the institutional and ideological presuppositions that shape the routine practices, conflicts, and transactions in that society, and that are largely taken for granted, even to the point of being invisible, as if they were part of the nature of things. In a free society, this institutional and ideological framework does not present itself as an alien fate beyond the reach of the transformative will and imagination.
The art of self-transformation for the sake of developing practical capabilities seems to have a similar content in the most varied historical circumstances. The Mamluks and the Normans suffered defeat because they failed to open up and readjust the organizational and social contexts of warfare. The Seljuqs succeeded because they did just that. The West African coastal kingdoms used an extraneous technological advantage to avoid having to change radically. But they could neither go on the offensive against the savanna states nor prepare themselves to resist their European patrons and trading partners. In all these instances success seems to have required the dissociation and recombination of available models of the organizational and social context of military activity. To have succeeded would not have meant, for the Mamluks, becoming like the Ottomans; it would have meant creating an order that never existed before. To possess the alien, you must change it.
There is one type of functional advantage that enjoys in this dark struggle unique status and deserves special attention. As the force of path dependency in history wanes, and as different forms of life and consciousness get more jumbled together, this force gains in importance. It is negative capabilityː the power to act nonformulaically, in defiance of what rules and routines would predict, a power that may be inspired and strengthened, or discouraged and weakened, by our arrangements and practices as well as by our ways of thinking and feeling.
It may seem strange that there can be a structure for breaking all structures and that it can have a precise, limited form, and be built to particular specifications. Yet we have two major examples of such a structure in our experience. One is the mind as imagination. The other is society, progressively recast on the model of the imaginationː organized to shorten the distance between our context-preserving and context-transforming activities and to diminish the dependence of transformation on crisis.
The characteristic method of social invention in general and of the development of negative capability in particular is to seize on deviant, subsidiary, or repressed elements in present or remembered experience and to push them toward a dominant position, all the while changing them in the course of this extension.... [T]he most successful transmutations over the long run—the ones least vulnerable to subversion by practical rivalry, moral indignation or aspiration, and by theoretical insight—are likely to be those that permit or invite further tinkering. Thus, they may be repeatedly corrected rather than entirely replaced.
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I ask myself in this bookː on what assumptions about the world and the mind, the self and society, do these beliefs—mere translations and developments of a creed that has already taken over the world and set it on fire—continue to make sense? Within what larger combination of ideas can we ground, develop, and correct them?
Democratic experimentalism sees the core of the good of human liberation in a softening of the tension between two great competing demands upon our vitality and greatnessː the need to engage in group life and the need to diminish the price, in subjugation and loss of self-identity, that we regularly pay for such engagement.
[T]wo moments, of trance and struggle, mingle in the real life of societyː an undercurrent of conflict and disbelief always counteracts the routines of dependence and deference. Society, no matter how impregnable it seems to its inhabitants, always stands at the edge of the cliff. The petty practical quarrels and normative disputes, endlessly refought to reproduce a social world in the face of divergent interests and changing circumstance, can escalate at any moment into broader and more intense conflicts that put this world at risk.