Law and Revolution: The Formation of the Western Legal Tradition

Harold J. Berman

Introduction

Law and History

Law and Revolution

The Crisis of the Western Legal Tradition

Toward a Social Theory of Law

PART I: THE PAPAL REVOLUTION AND THE CANON LAW

1. The Background of the Western Legal Tradition: The Folklaw

Tribal Law

Dynamic Elements in Germanic Law: Christianity and Kingship

Penitential Law and Its Relation to the Folklaw

2. The Origin of the Western Legal Tradition in the Papal Revolution

Church and Empire: The Cluniac Reform

The Dictates of the Pope

The Revolutionary Character of the Papal Revolution

Social-Psychological Causes and Consequences of the Papal Revolution

The Rise of the Modern State

The Rise of Modern Legal Systems

3.