Law and Revolution, II: The Impact of the Protestant Reformations on the Western Legal Tradition
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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Anglican Apel applied authority Bambergensis belief called Calvinist canon law Christian cities civil law Coke common law courts concept conscience constitutional contract crimes criminal law Crown divine doctrine earlier early ecclesiastical economic eighteenth centuries England English law English legal English Revolution Europe European faith feudal fifteenth German Revolution Hale Hale's historians History human humanist Ibid institutions judges jurisdiction jurisprudence jurists jury jus commune justice king Lagus land Langbein late seventeenth legal philosophy legal science legal systems legislation London Luther Lutheran marriage Melanchthon method modern monarch moral natural law offenses Oldendorp papal Parliament persons Philip Melanchthon political poor relief positive law princes principles procedure Protestant Protestantism punishment Puritan reason Rechts Reformation religious Roman Catholic Church Roman law Romanist royal rulers rules scholastic secular seventeenth century sixteenth century spiritual Star Chamber statutes systematic territorial texts theology theory tion transformation treatises twelfth Western legal tradition wrote