Law And Revolution The Formation Of The Western Legal Tradition
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Author | : Harold Joseph Berman |
Publisher | : Harvard University Press |
Total Pages | : 548 |
Release | : 2009-07 |
Genre | : History |
ISBN | : 9780674020863 |
Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
Author | : Harold J. Berman |
Publisher | : Wm. B. Eerdmans Publishing |
Total Pages | : 432 |
Release | : 2000 |
Genre | : Religion |
ISBN | : 9780802848529 |
This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
Author | : Harold Joseph Berman |
Publisher | : |
Total Pages | : 182 |
Release | : 1974 |
Genre | : Religion |
ISBN | : |
Author | : Fritjof Capra |
Publisher | : Berrett-Koehler Publishers |
Total Pages | : 285 |
Release | : 2015-10-05 |
Genre | : Law |
ISBN | : 1626562083 |
Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
Author | : Harold J. Berman |
Publisher | : Harvard University Press |
Total Pages | : 674 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 9780674020856 |
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.
Author | : Harold Joseph Berman |
Publisher | : |
Total Pages | : 696 |
Release | : 1958 |
Genre | : Law |
ISBN | : |
Author | : Eugen Rosenstock-Huessy |
Publisher | : Wipf and Stock Publishers |
Total Pages | : 857 |
Release | : 2013-04-08 |
Genre | : Religion |
ISBN | : 1625640196 |
This classic, originally published in 1938, was reprinted in 1969 for a new generation by Berg Publishers. From the new introduction by Harold J. Berman: "That this book--written six decades ago--is without question an extraordinary book, a remarkable book, a fascinating book, has not saved it from relative obscurity. It is directed against conventional historiography, and for the most part the conventional historians have either ignored it or denounced it . . . [It] is a history in the best sense of the word. Although it embodies original scholarship of the highest professional quality, it is written primarily for the amateur, the person of general education, who wants to know where we came from and whither we are headed. But it is also a theory of history: how history should be understood, how historians should write about it . . .. Out of Revolution interprets modern Western history as a single 900-year period, initiated by total revolution . . . and punctuated thereafter by a series of total revolutions that broke out successively in the different European nations . . .. Rosenstock-Huessy was a prophet who, like many great prophets, failed in his own time, but whose time may now be coming."
Author | : John Witte |
Publisher | : Wm. B. Eerdmans Publishing |
Total Pages | : 513 |
Release | : 2006-10-31 |
Genre | : Law |
ISBN | : 0802844219 |
'God's Joust, God's Justice' provides a vista of the major debates over law and religion in the West, enabling readers to proceed toward a more integrated understanding of the foundational elements of modern democracy.
Author | : Theodore Frank Thomas Plucknett |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 828 |
Release | : 2001 |
Genre | : Common law |
ISBN | : 1584771372 |
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author | : Michael Tigar |
Publisher | : NYU Press |
Total Pages | : 351 |
Release | : 2000-06 |
Genre | : Law |
ISBN | : 1583670300 |
Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.