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" "[T]he indispensable instrument of a visionary politics is collective mobilization, which brings people together in ways not foreordained by the established structure or the prevailing dogmas of society.
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.
If society is organized to insulate its own arrangements from challenged and change, and thus to give itself the semblance of a natural object or an alien fate, the noncomputable and the nonmodular aspects of the mind will remain no more than a penumbral light around the darkness of computability and modularity. However, as society acquires the features of democratic experimentalism, those aspects become central to the life of the mind. The hold of the innate mental faculty on our experience gets turbinated by a political construction.
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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.