“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.”

— Roberto Mangabeira Unger

Source: The Critical Legal Studies Movementː Another Time, A Greater Task (2015), p. 15

Adopted from Wikiquote. Last update June 3, 2021. History

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Roberto Mangabeira Unger 94

Brazilian philosopher and politician 1947

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“I have pursued this intellectual program by building a radical alternative in social theory to Marxism, by recasting legal thought as an instrument of the institutional imagination, by proposing particular institutional alternatives for the organization of the economy and the state, and by developing a philosophical conception of nature and mankind within which history is open, novelty is possible, and the divinization of humanity counts for more than the humanization of society.”

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“To summarize: Americans have one of the greatest legal systems, but not a monopoly of the sense of justice, which is universal; nor have we a permanent copyright on the means of securing justice, for it is the spirit and not the form of law that keeps justice alive.”

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Alex Kozinski (1950) American judge

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“To be sure, one value comes with every positive-law statute without reference to its content: Any statute is always better than no statute at all, since it at least creates legal certainty. But legal certainty is not the only value that law must effectuate, nor is it the decisive value. Alongside legal certainty, there are two other values: purposiveness and justice. In ranking these values, we assign to last place the purposiveness of the law in serving the public benefit.”

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Roberto Mangabeira Unger 94

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