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Book Cover
Book
Author Unger, Roberto Mangabeira.

Title What should legal analysis become? / Roberto Mangabeira Unger
Published London ; New York : Verso, 1996

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Description ix, 198 pages ; 24 cm
Contents Insight and transformation in natural science and social study -- Democracy and experimentalism -- The practical promise of democratic experimentalism: from the existing policy debate to the missing programmatic conversation -- The imagination of alternatives: social-theoretical assumptions of democratic experimentalism -- The disciplinary tools of democratic experimentalism -- The arrested development of legal thought -- Complex enforcement at the threshold of structural change -- The spell of rationalizing legal analysis -- The complex structure of legal consciousness -- Interest-group pluralism and rationalizing legal analysis -- The fourfold root of rationalizing legal analysis: the prejudice against analogy -- The fourfold root of rationalizing legal analysis: upholding a regime of rights -- The fourfold root of rationalizing legal analysis: pessimistic progressive reformism -- The fourfold root of rationalizing legal analysis: the commanding role of the judge
Kenosis: escaping the misdirections of contemporary theory -- Legal analysis as institutional imagination -- Imagining the alternative futures of a free society: extended social democracy -- Imagining the alternative futures of a free society: radical polyarchy -- Imagining the alternative futures of a free society: mobilizational democracy -- The campaign to split the difference between rationalism and historicism -- Prophecy and prostration in legal thought
Summary 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
Notes Includes index
Subject Law -- Interpretation and construction.
Law -- Methodology.
Law -- Philosophy.
LC no. 96006000
ISBN 1859849695 hardback
1859841007 paperback