Modernity and the Law: A Late Twentieth Century View

Abstract

This essay explores Roberto Unger’s understanding of the specific significance that modernity has for law. It provides an account of the distinctions among customary law, bureaucratic law, the modern liberal rule of law ideal, and the unraveling of the rule of law in post-liberal societies. It compares his views in a preliminary way with those of other major theorists of modernity and with legal theorists. Finally, it discusses his speculations about then future developments and the relationship between central institutional and philosophical issues.

Keywords: Modernity, Liberalism, Post-Liberalism, Rule of Law

JEL Classification: K10, K30