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On The Pope's Revolutionary Impact Of The Western Tradition Of The Rule Of Law

Posted on:2011-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiuFull Text:PDF
GTID:2166360305981421Subject:Legal history
Abstract/Summary:PDF Full Text Request
The rule of law in the West a long history of development of the concept of Western rule of law in its final form as a kind of follow the tradition so far has not been without difficulties. The Western concept of rule of law, the transition from ancient to modern process, has gone through a widely recognized as Europe's in the Middle Ages, an era of theocratic rule. During this period, formed by Berman as saying that the power of the Pope, once beyond the throne, theological thought in this period has been an unprecedented people's beliefs. Nevertheless, in such a deep faith in divine society, the concept of the rule of law ultimately preserved, even to a certain degree of development, resulting in the Western legal traditions of a certain shape. However, even if there was, most scholars agree that under the domination of the medieval theological concept of the lack of rule of law, the growth of the soil, the concept of the rule of law in the back of the times, but whether it was one of the divine law system, the doctrine of fatwas, or the United States Berman noted scholar in his works. These two works are highlighted in the medieval Western legal traditions (including of course the rule of law tradition) the formation, he gave us a new way of thinking. Unlike the past, the medieval theological system, complete negation, but which found that it is meaningful and valuable contribution to one of which is produced by the Western legal traditions of the historic impact.Therefore, research continues along this trail will help us further improve the theoretical understanding of the Middle Ages in order to more comprehensive, detailed and objective.Articles include introduction, body, and conclusion in three .Body from the Pope to start the rise of the revolution divided into four aspects described the Middle Ages the Pope revolution on the impact of Western legal traditions.The first aspect ,Pope revolution in Western Europe in the Middle Ages. Mainly including the Pope and the real revolution in the background of the rise of the analysis, the Pope, as well as a direct result of the revolution the main content of the expounded.The second aspect, Western philosophy and Western legal traditions of the rule of law. Mainly deals with the history of the Western rule of law and a review of theoretical development, as well as the Western rule of law and the interpretation of traditions and their meaning.The third aspect, Pope of the Western legal traditions of the revolutionary impact. Article respectively positive and negative aspects of the pope described. And positive impact of Western faith in the law also includes the generation, development of the concept of modern law, the power situation in the formation of restraint and the principle, produce four elements. The negative impact is along the theocratic rule, the Inquisition, the Church's judicial power generation and the intervention of three clues to the analysis and elaboration.The fourth aspect, the Pope of the Western legal traditions of the revolutionary impact of the cause analysis. Articles also has positive and negative parts. Generally include the Church of ancient Rome remains the preservation of civilization, the formation of the dual legal system, teaching power and royal opposition and struggle between God rule of departure from the spirit and the rule of law, the legal rule by rule in several aspects of theology.The third and fourth part is the article where the focus and difficulty, but also includes articles innovations, that is, the Pope's revolutionary tradition of the Western rule of law and the reasons for the negative impact of respect.The article uses deductive reasoning, inductive reasoning, historical analysis and the dialectical method of analysis, analysis and elaboration, and strive to reproduce on the basis of respect for history and history, and as the contents of the article studied the most powerful evidence, so that the article discussed in more cautious and tight.
Keywords/Search Tags:Middle Ages, Pope Revolution, the West, Rule of Law, Rule of Law Tradition of
PDF Full Text Request
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