"Whenever the certainties of interactional law begin to dissolve, human beings seem relegated to the situation of the nonhuman primates-denied the experience of an unreflective order, they are yet powerless to create another. But there is a crucial difference between the nonhuman and the human predicament: what other primates encounter as an unspeakable fate, men must confront in the terror of consciousness”.~ Roberto M. Unger I Introduction The "rule of law" is not a universal ideal but a historically specific legal form born from the unique conditions of liberal society. Roberto Unger argues that liberal society creates an unsolvable crisis of legitimacy, which the rule of law attempts to manage through a commitment to formal legality, the impartial application of general and autonomous rules. However, as liberal societies transition into a post-liberal phase, the rise of the welfare state and corporatism prioritizes substantive justice and direct social management, ma...
“A man abandoned by himself on a desert island would adorn neither his hut nor his person; nor would he seek for flowers, still less would he plant them, in order to adorn himself therewith. It is only in society that it occurs to him to be not merely a man, but a refined man after his kind (the beginning of civilization). For such do we judge him to be who is both inclined and apt to communicate his pleasure to others, and who is not contented with an object if he cannot feel satisfaction in it in common with others. Again, every one expects and requires from every one else this reference to universal communication of pleasure, as it were from an original compact dictated by humanity itself”.~ Immanuel Kant I Introduction In the intricate philosophical system of Immanuel Kant, the power of judgment—the Urteilskraft (power of judgment)—occupies a role of singular importance. It is neither a mere subordinate of the Verstand (understanding) nor a simple tool of the Vernunft (reason...