Law and Revolution, the Formation of the Western Legal Tradition

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674020856
Total Pages : 674 pages
Book Rating : 4.0/5 (28 download)

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Book Synopsis Law and Revolution, the Formation of the Western Legal Tradition by : Harold J. Berman

Download or read book Law and Revolution, the Formation of the Western Legal Tradition written by Harold J. Berman and published by Harvard University Press. This book was released on 2009-07-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Revolution

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674252470
Total Pages : 418 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Law and Revolution by : Harold J. Berman

Download or read book Law and Revolution written by Harold J. Berman and published by Harvard University Press. This book was released on 1985-01-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Revolution: The formation of secular legal systems. The concept of secular law

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Publisher :
ISBN 13 :
Total Pages : 657 pages
Book Rating : 4.:/5 (82 download)

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Book Synopsis Law and Revolution: The formation of secular legal systems. The concept of secular law by : Harold Joseph Berman

Download or read book Law and Revolution: The formation of secular legal systems. The concept of secular law written by Harold Joseph Berman and published by . This book was released on 1983 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Revolution, II

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Publisher : Harvard University Press
ISBN 13 : 9780674020863
Total Pages : 548 pages
Book Rating : 4.0/5 (28 download)

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Book Synopsis Law and Revolution, II by : Harold Joseph Berman

Download or read book Law and Revolution, II written by Harold Joseph Berman and published by Harvard University Press. This book was released on 2009-07 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Faith and Order

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Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 9780802848529
Total Pages : 432 pages
Book Rating : 4.8/5 (485 download)

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Book Synopsis Faith and Order by : Harold J. Berman

Download or read book Faith and Order written by Harold J. Berman and published by Wm. B. Eerdmans Publishing. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Interaction of Law and Religion

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Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Interaction of Law and Religion by : Harold Joseph Berman

Download or read book The Interaction of Law and Religion written by Harold Joseph Berman and published by . This book was released on 1974 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and the Illicit in Medieval Europe

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812208854
Total Pages : 336 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Law and the Illicit in Medieval Europe by : Ruth Mazo Karras

Download or read book Law and the Illicit in Medieval Europe written by Ruth Mazo Karras and published by University of Pennsylvania Press. This book was released on 2013-02-11 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.

Out of Revolution

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Publisher : Wipf and Stock Publishers
ISBN 13 : 1620324431
Total Pages : 856 pages
Book Rating : 4.6/5 (23 download)

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Book Synopsis Out of Revolution by : Eugen Rosenstock-Huessy

Download or read book Out of Revolution written by Eugen Rosenstock-Huessy and published by Wipf and Stock Publishers. This book was released on 2013-04-08 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

Legal Transplants

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Publisher : University of Georgia Press
ISBN 13 : 082031532X
Total Pages : 141 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Legal Transplants by : Alan Watson

Download or read book Legal Transplants written by Alan Watson and published by University of Georgia Press. This book was released on 1993 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history. When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants. For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.

Law and Revolution

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Publisher :
ISBN 13 :
Total Pages : 522 pages
Book Rating : 4.:/5 (954 download)

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Book Synopsis Law and Revolution by : Harold J. Berman

Download or read book Law and Revolution written by Harold J. Berman and published by . This book was released on 2003 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ecology of Law

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Publisher : Berrett-Koehler Publishers
ISBN 13 : 1626562083
Total Pages : 285 pages
Book Rating : 4.6/5 (265 download)

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Book Synopsis The Ecology of Law by : Fritjof Capra

Download or read book The Ecology of Law written by Fritjof Capra and published by Berrett-Koehler Publishers. This book was released on 2015-10-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

A Concise History of the Common Law

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

The Transformation of American Law, 1780-1860

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Publisher : Harvard University Press
ISBN 13 : 0674038789
Total Pages : 378 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Transformation of American Law, 1780-1860 by : Morton J. HORWITZ

Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

God's Joust, God's Justice

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Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 0802844219
Total Pages : 513 pages
Book Rating : 4.8/5 (28 download)

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Book Synopsis God's Joust, God's Justice by : John Witte

Download or read book God's Joust, God's Justice written by John Witte and published by Wm. B. Eerdmans Publishing. This book was released on 2006-10-31 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Sovereignty, International Law, and the French Revolution

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Publisher : Cambridge University Press
ISBN 13 : 1107179548
Total Pages : 353 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Sovereignty, International Law, and the French Revolution by : Edward James Kolla

Download or read book Sovereignty, International Law, and the French Revolution written by Edward James Kolla and published by Cambridge University Press. This book was released on 2017-10-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.

Revolutions: a Very Short Introduction

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Publisher : Oxford University Press
ISBN 13 : 0197666302
Total Pages : 177 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Revolutions: a Very Short Introduction by : Jack A. Goldstone

Download or read book Revolutions: a Very Short Introduction written by Jack A. Goldstone and published by Oxford University Press. This book was released on 2023 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the 20th and 21st century revolutions have become more urban, often less violent, but also more frequent and more transformative of the international order. Whether it is the revolutions against Communism in Eastern Europe and the USSR; the "color revolutions" across Asia, Europe and North Africa; or the religious revolutions in Iran, Afghanistan, and Syria; today's revolutions are quite different from those of the past. Modern theories of revolution have therefore replaced the older class-based theories with more varied, dynamic, and contingent models of social and political change. This new edition updates the history of revolutions, from Classical Greece and Rome to the Revolution of Dignity in the Ukraine, with attention to the changing types and outcomes of revolutionary struggles. It also presents the latest advances in the theory of revolutions, including the issues of revolutionary waves, revolutionary leadership, international influences, and the likelihood of revolutions to come. This volume provides a brief but comprehensive introduction to the nature of revolutions and their role in global history"--

Authoritarian Legality in Asia

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Publisher : Cambridge University Press
ISBN 13 : 1108496687
Total Pages : 409 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Authoritarian Legality in Asia by : Weitseng Chen

Download or read book Authoritarian Legality in Asia written by Weitseng Chen and published by Cambridge University Press. This book was released on 2020-07-16 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.