Law and revolution : the formation of the Western legal tradition

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 wide-ranging 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 modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century. 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. Introduction. Law And History -- Law And Revolution -- The Crisis Of The Western Legal Tradition -- Toward A Social Theory Of Law -- Pt. 1. The Papal Revolution And The Canon Law. The Background Of The Western Legal Tradition : The Folk-law -- The Origin Of The Western Legal Tradition In The Papal Revolution -- The Origin Of Western Legal Science In The European Universities -- Theological Sources Of The Western Legal Tradition -- Canon Law : The First Modern Western Legal System -- Structural Elements Of The System Of Canon Law -- Becket Versus Henry Ii : The Competition Of Concurrent Jurisdictions -- Pt. 2. The Formation Of Secular Legal Systems. The Concept Of Secular Law -- Feudal Law -- Manorial Law -- Mercantile Law -- Urban Law -- Royal Law : Sicily, England, Normandy, France -- Royal Law : Germany, Spain, Flanders, Hungary, Denmark -- Conclusion. Harold J. Berman. Includes Bibliographical References And Index. 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. This is a wonderful book. The author's understanding of how revolution works within tradition and born of crisis to bring about change is telling. He has a deep grasp on the Western legal tradition about which he writes. As a result he is able to interact with the prevailing Marxist and Weberian social theorists to correct and fill in their shortcomings. He has caught the uniqueness of Western law because he is not reticent about offering the importance of canon law and the influence of Christianity and the church. The papal revolution has played a monumental role by establishing ecclesial jurisdiction which left a vaccuum in secular law which was filled by many competing types of law. Pluralism of legal systems with competing jurisdictions started as a Church and State division. From it the Rule of Law and civil rights have come about (Lex Rex). I especially enjoyed the story of Becket and Henry II. The book has a wealth of information. It ranks as one of the best books on history I have read.