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 b… - Roberto Mangabeira Unger

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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.

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About Roberto Mangabeira Unger

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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Alternative Names: Roberto M. Unger Roberto Unger

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̆[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.

To understand society deeply is always to see the settled from the angle of the unsettled. The settled is the region or the moment where relationships become fixed and, through their fixity, take on a specious aura of necessity. The unsettled is the experience that discloses the perilous, uncertain, malleable quality of society. By seeing the settled unsettled or by looking toward the disturbances that take place in its vicinity, we begin to understand how the settled really works and what it really is.

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For the struggle with the world, ordinary men and women have the spark of the divine. They are embodied spirit, unresigned to belittling circumstance. They can ascend, whether or not with the help of divine grace …. It is not just that the lowly are equal to the lordly and that the vulgar forms of sensibility are as revealing as the hieratic or canonical ones. It is that the lowly and the vulgar are higher. They are higher because they are freer from the posturing and vigilance—over himself and others—that prevent each of us from coming closer to what Shakespeare called the thing itself: unaccommodated man. The more orphaned ordinary men and women are by the established powers of the world, the more reason they have to find the divine within themselves and to struggle against the constraints that established arrangements impose on their rise to a larger life and a higher state of being.

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