The formation of the Western legal tradition

書誌事項

The formation of the Western legal tradition

Harold J. Berman

(Law and revolution / Harold J. Berman, [1])

Harvard University Press, c1983

  • : pbk
  • : cloth

大学図書館所蔵 件 / 73

この図書・雑誌をさがす

注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: cloth ISBN 9780674517745

内容説明

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.
巻冊次

: pbk ISBN 9780674517769

内容説明

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.

目次

Introduction Law and History Law and Revolution The Crisis of the Western Legal Tradition Toward a Social Theory of Law PART I: THE PAPAL REVOLUTION AND THE CANON LAW 1. The Background of the Western Legal Tradition: The Folklaw Tribal Law Dynamic Elements in Germanic Law: Christianity and Kingship Penitential Law and Its Relation to the Folklaw 2. The Origin of the Western Legal Tradition in the Papal Revolution Church and Empire: The Cluniac Reform The Dictates of the Pope The Revolutionary Character of the Papal Revolution Social-Psychological Causes and Consequences of the Papal Revolution The Rise of the Modern State The Rise of Modern Legal Systems 3.

「Nielsen BookData」 より

関連文献: 1件中  1-1を表示

詳細情報

  • NII書誌ID(NCID)
    BA00201775
  • ISBN
    • 0674517768
    • 0674517741
  • LCCN
    82015747
  • 出版国コード
    us
  • タイトル言語コード
    eng
  • 本文言語コード
    eng
  • 出版地
    Cambridge, Mass.
  • ページ数/冊数
    xii, 657 p.
  • 大きさ
    24 cm
  • 分類
  • 件名
  • 親書誌ID
ページトップへ