What should legal analysis become?

Front Cover
Verso, 1996 - Law - 198 pages
In this book Roberto Mangabeira Unger brings together his work in legal and social theory. He argues for the reconstruction of legal analysis as a discipline of institutional imagination. He shows how a changed practice of legal analysis can help us reimagine and reshape the institutions of representative democracy, market economy and free civil society. The search for basic social alternatives, largely abandoned by philosophy and politics, can find in such a practice a new point of departure. Unger criticizes the dominant, rationalizing style of legal doctrine, with its obsessional focus upon adjudication and its urge to suppress or contain conflict or contradiction in law. He shows how we can turn legal analysis into a way of talking about the alternative institutional futures of a democratic society. The programmatic proposals of Unger's Politics are here placed within a wider field of possibilities. A major concern of the book is to explore how professional specialities such as legal thought can inform the public conversation in a democracy. The book exemplifies this connection: Unger's arguments are accessible to those with no specialized knowledge of law or legal theory.

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Contents

Subject and plan of this book
1
Innovation in the institutional forms of political
15
The disciplinary tools of democratic experimentalism
22
Copyright

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About the author (1996)

Roberto Mangabeira Unger is widely regarded as one of the leading social thinkers of the present. Called by the "New York Times" "a restless visionary," he has been described by Perry Anderson as "a philosophical mind out of the Third World turning the tables to become a synoptist and seer of the First.

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