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The Review On Integrative Jurisprudence Of Harold J. Berman

Posted on:2013-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2246330392961429Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As the world entered into the20thcentury, human has experiencedtwo world wars and the global economic crisis. Legal belief of the wholewestern society suffers a great loss. People generally don’t know what todo in the future. Berman thinks we are experiencing an unprecedented“integrity crisis”. He tries to use his integrative jurisprudence to leadpeople to regain toward the light. In the view of Berman, the reason of thedebate between legal positivism and natural-law theory is the lack of thehistorical dimension of law. Integrative jurisprudence is a legalphilosophy that tries to combine legal positivism, natural-law theory, andthe historical school again. Meanwhile, because of the attention of thehistorical foundations of law, we can’t ignore that religion exercises agreat influence on law. Berman thinks that that main reason of the crisis isthat legal and religion are diametrically opposed. He tries to useintegrative jurisprudence to recover legal religious and religious lawagain. The whole text has three parts: the first part is the meaning ofintegrative jurisprudence in the view of Berman. Different from Hall andBodenheimer, integrative jurisprudence of Berman is a legal philosophythat combines legal positivism, natural-law theory, and the historicalschool. The part two is discussing the reason that Berman put forwardintegrative jurisprudence. Two main reasons should be mentioned: first,we should pay attention to the historical foundations of law; second,Berman wants to use integrative jurisprudence to combine law andreligion again. The part three is the introduction of contributions andevaluation of integrative jurisprudence. It indicates the direction of asolution for the crisis and further promotes the integration of law schools.Also integrative jurisprudence is a key to understand the development ofworld law. However, integrative jurisprudence of Berman needs to befurther clear and perfect in many aspects.
Keywords/Search Tags:integrative jurisprudence, historical foundation, legalreligious, integrity crisis, world law
PDF Full Text Request
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