Openness to the new is the virtue that describes the moral consequence of the doctrine of the relation of spirit to structure. The religion of the fu… - Roberto Mangabeira Unger

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 view I have just sketched of the relationships between the most general types—the forms of social life—and human nature is based upon two key ideas that might appear contradictory. The first notion holds that there exists a limited fund of problems and possibilities of human association. Each form of social life is defined by the way it responds to the problems and pursues the possibilities. The fact that the fund is limited makes comprehensive theory and universal comparison possible. This principle, however, seems incompatible with the other half of my thesisː that the forms of social life are constituents and re-creators, rather than just examples, of human nature. ¶ The way to reconcile these two equally important ideas is to conceive of human nature as an entity embodied in particular forms of social life, though never exhausted by them. Consequently, humanity can always transcend any one of the kinds of society that develop it in a certain direction. Nonetheless, human nature is known, indeed it exists, only through the historical types of social life.

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.