Berman View Of Western Legal Tradition

Berman’s book" law and Revolution--the formation of the western legal tradition"is a reinterpretation of western legal history great masterpiece, its influence is obviousto people in the World. Study of Berman’s tradition of western law concept not only hashistorical significance, but also has practical significance. Berman hold that canon lawis the first legal system of the West, and the six revolutions, the Pope revolution, theGerman revolution, the English revolution, the French Revolution, the AmericanRevolution and the Russian Revolution, every revolution has led to the tradition ofwestern law development and reform. However, the tradition of western lawdevelopment to twentieth century is facing the crisis of hitherto unknown. As Berman inthe book said, in this crisis, our entire legal traditions are challenged. Berman is pointedout through the analysis to the western legal tradition: the main reasons for the crisis arereligious belief and legal belief serious flaw, how to solve this one problem, Berman hassaid:" the law must be believed in; otherwise it will exist in name only". And China’ssocialist construction of rule of law also exists in the lack of faith in law, rule of lawidea is thin the important issues. Berman given solution is worth us to draw lessonsfrom, but the construction of legal belief should not blindly by emphasizing the legalrelationship between religion and to achieve, but must have a correct understanding ofbelief in law in China current situation, clear legal belief social value and function,gradually cultivate the public spirit of rule by law and establishing the authority of law,such ability make our Chinese construction of socialist rule of law toward a betterdirection.