| To understand the development direction of law,we must first know what it was in the past.This article is to study the law of the past: the formation of western legal tradition.In his book law and revolution,Harold J.Berman analyzes the formation process of western legal tradition through two main lines.One is revolution.Berman believes that western legal tradition originated from the papal revolution,and developed and evolved in the fierce revolutions of German revolution,English Revolution,French Revolution and American Revolution The second is religion.Berman believes that it is precisely because the dominant belief system held by the people of a particular country or countries will periodically undergo revolutionary changes that the western legal tradition can continue to develop,evolve and continue.The author is divided into three parts to study Berman’s legal tradition: the first part,the study of Berman’s legal tradition is inseparable from the analysis of his own growth experience,the background of his life,as well as socio-economic,political,cultural and other factors.Through the analysis of his society,his life and his thoughts,we can know what kind of background he put forward his legal point of view.The second part analyzes the origin and evolution of Berman’s western legal tradition from the perspective of revolution and religion.In Berman’s view,the western legal tradition was born precisely because of the promotion of the papal revolution,but in the process of development,it was interrupted by the revolutions of other countries.But at the same time,it was also the revolutionary factors that enabled the legal tradition to be transformed and integrated with new things,so that it could be retained,developed and continued.The papal revolution is the key chapter of this chapter;the third part analyzes the practical significance of Berman’s western legal tradition,and objectively evaluates Berman’s western legal tradition. |
