[T]he quest for a social world that can better do justice to a being whose most remarkable quality is… — Roberto Mangabeira Unger

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.

One way to clarify the origin and character, if not the justification, of the ideal inspiring our programmatic institutional ideas is to say that our program arises from the generalization of aims broadly shared by the great secular doctrines of emancipation of the recent past—both liberal and socialist—and by the social theories that supported them. At the heart of each of these doctrines lay the belief that the weakening of social divisions and hierarchies would reveal deeper commonalities and liberate productive and creative powers. The theoretical and practical consequences of this belief were drastically constricted by dogmatic assumptions about the possible forms of social change and their possible institutional expressions. We have attacked the second set of constraints and therefore, by implication, the first. The result is a more generalized or radicalized version of the social ideal. Our attack on these constraints has led us to rethink the content of the progressive cause.