The Rational Legal Faith-The Study On Berman’s Theory Of Legal Faith

With the rule of law as the core elements of the western legal tradition in the 20 th century the crisis of integrity: law is unable to solve the key of society conflict. In order to overcome the crisis, Berman on the basis of the comprehensive law, proposed the theory of rational legal faith calls for the combination of law and religion, calling for the restoration of the tradition of legal faith. The theory mainly includes two parts of rational faith and reason of the law. He took the religion of the generalized, the Christian theism and atheism, secular religion as a religion, defined religion as the human collective concern about the ultimate meaning and life purpose. When religion as a private transaction, no longer pay attention to the human common destiny, and don’t follow the rules, faith became fanaticism, and then lost to promote legal motivation. Natural law and "capital" actual law can become the object of legal faith. No matter from the perspective of historical experience, or from the perspective of citizen internal point of view, or from the perspective of the time of re-enchantment, legal faith is feasible and necessary. The cause of China’s legal construction can’t leave the security and comply with the principle of respect of human rights in the constitution of faith, is also inseparable from the public universal participation of legal practice, this is Berman’ theory of rational legal faith of the profound enlightenment.