Law and Revolution, II: The Impact of the Protestant Reformations on the Western Legal Tradition
Harvard University Press, 2009 - 544 pages
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.
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action applied authority belief called canon law cause century changes Christian church cities civil common law concept concerning conscience constitutional continued contract courts crimes criminal law Decalogue divine doctrine earlier early ecclesiastical ecclesiastical courts economic England English law established Europe European evidence fact faith German Hale hand History human important institutions Italy John judges jurisdiction jurists jury justice king land late later legal science legislation London Luther Lutheran matters meaning Melanchthon method moral natural law original Parliament particular parties period persons philosophy political poor princes principles procedure Protestant punishment Puritan reason Reformation religious Revolution Roman Catholic Roman law royal rules secular seventeenth century sixteenth century social society spiritual statutes systematic territorial texts theology theory tion tort tradition transformation trial types University various Western writings wrote