Law and Revolution: The Formation of the Western Legal Tradition

Features

• Cover Type: Paperback with 672 pages
• Published by: Harvard University Press December 7, 1983
• Written in: English
• ISBN 10 Number: 0674517768
• ISBN 13 Number: 978-0674517769
• Book Dimensions: 9.2 x 5.9 x 1.4 inches
• Weighs: 2.1 pounds

Product Review
A awesome volume, broad in scope and rich in detail; this may be the most important book on law in our generation. (American Political Science Review )

This is a book of the first importance. Every lawyer should read it Clearly written and well-organized, it is a work of immense scholarship. (Los Angeles Daily Journal )

Superb A tour de force of insight and erudition The principal text divides into two parts, the first dealing with the papal revolution and its distinctive legal system of canon law and the second describing the emergence of secular legalism through its roots in feudal, manorial, mercantile, urban, and royal systems A awesome topping-off to the conventional [law school] curriculum. (The Benchmark )

By demonstrating the revolutionary character of the papal reformation, Berman upsets periodizations commonly accepted by Church historians, positivists, Marxist historians, and historians of the law Law and Revolution is itself a revolutionary book in obliging the practitioners of many university disciplines to readjust their focus and to see in law a revolutionary cultural force.
--George H. Williams

Product Review
By demonstrating the revolutionary character of the papal reformation, Berman upsets periodizations commonly accepted by Church historians, positivists, Marxist historians, and historians of the law Law and Revolution is itself a revolutionary book in obliging the practitioners of many university disciplines to readjust their focus and to see in law a revolutionary cultural force.
--George H. Williams --This text refers to an out of print or unavailable edition of this title.

Reader Reviews
Prof. Berman wrote a comprehensive book about a forgotten historical topic. LAW AND REVOLUTION is precise explantion of the gradual developement of carefully crafted legal tradition during the Middle Ages beginning in the 11th century. Prof. Berman gives a solid background of family law, contractual law, criminal law, etc. Prof. Berman also gives a solid background of due process. He examination of the Catholic Church jurists' careful work is impressive. Prof. Berman explains who the Catholic Canon Law jurists tried to merge law with the Church's mission and sacramental system. LAW AND REVOLUTION gives the Catholic Church's reasoning in attempting to bring what they thought was God's justice and mercy in line with legal norms. The attempt was to replace blood fueds, trial by combat, and trial by ordeal with a well ordered legal system that replaced vengence with justice. His citing of St. Anselm's (1035-1109) CUR DEUS HOMO as a partial explanation for the emergence of the Canon Law gives the reader insight for the Canon Law. One example of the Canon jurists to merge the Catholic Church's sacraments with family law is their attempt to define marriage as both a sacrament and part of the law. The sacraments were suppose to be voluntary acts rather forced on individuals. This gradually led to the theory that arranged marriages were not binding. Another concern of the Catholic jurists was the legal definition of actions due to causa mortis(bacause of death). Prof. Berman uses this background to explain the Canon Law's reasoning regarding wills and estates. The sections dealing with contractual law are informative. Prof. Berman explains the gradual change of the Catholic authorities on interest rates which were originally considere usury and a sin. Berman explains that the rapid economic changes beginning the in the tenth century led to a change in Canon Law. The Canon jurists ruled that interest rates were just compensation to the creditor due to the temporary loss of their money during the term of a loan. The legal term was "Pacta sunt servanda"(Contracts must be kept). Prof. Berman's sections on criminal and civil law are useful. He explains the differnce between deliberate criminal acts and unintended negligence. Prof. Berman also explains the emergence of the differences between misdemeanors and felonies from the Catholic Church's definitions of venial and mortal sins. He cites Peter Abelard's dictum, "Nullum crimen, nulla poena, sine lege" (No crime, no punishement, without law). The Canon Law jurists were clear that unpopular acts were not necessarily crimes without a legal statute. Prof. Berman's examination of Par Legum(by law or due process) demonstrates that the Catholic jurists were very concerned with legal rules and norms in legal cases. An example of this concern is the treatment of Rules of Evidence. This section shows that law was not arbitrary, and there were attempts to use "fair play" in legal proceedings. Prof. Berman's LAW AND REVOLUTION undermines the politically correct gurus. This book gives the historical development of a carefull crafted legal system that is the basis of both Church Law and Constitutional Law. The Catholic authorities started Trial by Jury at the Fourth Lateran Council in 1215 which may have influenced English Common Law jurists. The politically correct gurus may be embarrassed to know that every time they make a legal claim in court, they are using a legal system that emerged in the history of Western Civiliation. Another reviewer suggested that this book would be useful in Western Civiliztion classes, European History classes, etc. This is a good suggestion. Every college student should be required to read this book. This is simply a well written book that is crucial in understanding a legal system that is a basis to civilized men who settle their disputes in courtrooms rather than in the streets.