Law and Revolution The Formation of the Western Legal Tradition

ISBN-10: 0674517768
ISBN-13: 9780674517769
Edition: 1985
Authors: Harold J. Berman
List price: $41.00
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Description: The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this  More...

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Book details

List price: $41.00
Copyright year: 1985
Publisher: Harvard University Press
Publication date: 1/1/1985
Binding: Paperback
Pages: 672
Size: 6.00" wide x 9.25" long x 1.50" tall
Weight: 2.178
Language: English

The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

Harold J. Berman was Woodruff Professor of Law, Emory University, and Ames Professor of Law, Emeritus, Harvard University.

Introduction
Law and History
Law and Revolution
The Crisis of the Western Legal Tradition Toward a Social Theory of Law
The Papal Revolution and the Canon Law
The Background of the Western Legal Tradition: The Folklaw Tribal Law Dynamic
Elements in Germanic Law: Christianity and Kingship
Penitential Law and Its Relation to the Folklaw
The Origin of the Western Legal Tradition in the Papal Revolution
Church and Empire: The Cluniac Reform The Dictates of the Pope
The Revolutionary Character of the Papal Revolution
Social-Psychological Causes and Consequences of the Papal Revolution
The Rise of the Modern State
The Rise of Modern Legal Systems

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