Tuesday, March 12, 2013

Law and Revolution


Harold J. Berman thesis presents how the seeds of the Enlightenment, the Industrial Revolution and the Capitalist society were planted in the Middle Ages after the Papal Revolution. By elaborating on the the parallels of different kingdoms after the Papal Revolution he shows in Law and Revolution how they built upon the experience of the establishment of the Church as a State. The rivalry between the Pope and the King, the interrelationship between different kingdoms, and the mobility of people and goods help to spread the systemic view of the Law as a tool for management of societies.

Berman thesis opens a lot of questions. For instance. Is it possible for other traditions to adopt the benefits of the Western Traditions considering that they didn't go through such long and evolutionary process? Is the traditional misconception of the origins of the western tradition a source of conflict with other parts of the world? Is the Legal tradition actually a sound foundation for the construction of better societies instead of the result of other causes like Economic Progress or Political Freedom?

My rating: 4 of 5 stars

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