The Western Law Tradition And Religious

Harold .J. Berman is one of the famous jurists in American currently . He makes use of the method of history investigation to many realm's originally materials which includes law history, religious history, social history etc. to a analytical summary. In the way of investigating the spirit essence built up by searching of the modern western law system to look for a solution to the crisis faced by modern western law tradition .It appeared a lot of problems in the western society in the terms of politic, economy at 20 century. Be the response to the Christianity latter part theory, Harold.J.Berman thought that both western law and religions appeared a tremendous crisis, plant a root at the deep Christianity principle, put forward common method thought which was beyond law , beyond religious and of the mankind of super race to save the faith toward the law.With a great deal of historical fact, Harold .J. Berman used a substantial evidence of analytical method completely and systematically investigated the reason why Pope's revolution and western modern law system come into being, discussed the important function of Christianity belief and the church in the formation of the western modern law system, put forward the special theory that western law tradition originated in the Pope's revolution in Middle Age. Harold .J. Berman thought the law tradition was continuously developing, a few revolutions in the west start to breaking the original law system, but returned to the law tradition . Harold .J. Berman thought that all of these were because of the common Christianity culture in the west .But nowadays law were more and more exuviated into the rules and regulations, the religion become into private thing Harold .J. Berman thought the western world appeared a tremendous crisis and put forward his own way to reply it.Although the relationship between western law traditional and religious of Harold .J. Berman still had a lot of places which were suspecting, it had very big apocalypse meaning to the research of the Chinese law tradition and our understanding and thinking to the law and traditional culture.The thesis consists of the following four parts.The first part is about the introduction of the thesis.Here,the background of the formation of Berman's legal thought has been introduced briefly; The second part is about the formation of western legal tradition.Berman believes that the western legal tradition stems from the pope revolution.Starting from a few concepts ,such as"west" and"revolution"...etc.,the mechanism of western legal tradition's formation has been analyzed and argumented.Then the influence of a few far-fetched revolutions taken place in west on the region and the western legal tradition has been researched.The third part is about the present crisis and Berman's ambition.Berman holds that the west is experiencing an unprecedented crisis nowadays.Comprehending from the angle of law,Berman has his own way to deal with the crisic that is man's common law.So,the result of more kind's theories that Berman concentrates to synthesize and construct or purchase is argumented.The fourth part is about the remark of Berman's legal thought.On one hand,Berman's legal thought has its unique theoretical contribution,on the other hand,it has some obvious shortages.So,researching on Berman's legal thought that deal with 20 centuries western law crisis may bring us some inspiration.