Western Legal Tradition

[tridentinecanon]

I hope this topic will suffice to meet the criteria for this forum. If it belongs elsewhere, please excuse my neglect in selecting a proper venue.

There are two books on the Western Legal Tradition that I was wondering if anyone here had read. They are called “Law and Revolution” by Harold J. Berman.

I do not know much about this author or his writings, but they seem to be pivotal works on the subject of the Western Legal Tradition. I have read excerpts from one chapter of the first book, but I am hesitant to delve into a study of these books just based on the fact that the second, by its title, appears to give credit to the Reformation for “advances” in our legal tradition.

Does anyone have thoughts on these works? How do they treat Catholicism, generally. Thanks.

 

[judgeposer]

I hope this topic will suffice to meet the criteria for this forum. If it belongs elsewhere, please excuse my neglect in selecting a proper venue.

There are two books on the Western Legal Tradition that I was wondering if anyone here had read. They are called “Law and Revolution” by Harold J. Berman.

I do not know much about this author or his writings, but they seem to be pivotal works on the subject of the Western Legal Tradition. I have read excerpts from one chapter of the first book, but I am hesitant to delve into a study of these books just based on the fact that the second, by its title, appears to give credit to the Reformation for “advances” in our legal tradition.

Does anyone have thoughts on these works? How do they treat Catholicism, generally. Thanks.

You never mentioned that second book–what is it?

If it helps any, and I realize my advice is purely anecdotal, I had a rather orthodox canon law professor who assigned Berman’s book to us for class. And, even not knowing the title of the other book, I would not necessarily shy away from reading a book that gives credit to the Reformation for advances in our legal tradition. Although, if you’re trying to become informed on the matter, I can perhaps respect not wanting to be unduly influenced by books you suspect have an anti-Catholic agenda. Out of curiosity, what is your interest in the law, or legal history specifically?

 

[tridentinecanon]

You never mentioned that second book–what is it?

The second book is called: “Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition”

If it helps any, and I realize my advice is purely anecdotal, I had a rather orthodox canon law professor who assigned Berman’s book to us for class. And, even not knowing the title of the other book, I would not necessarily shy away from reading a book that gives credit to the Reformation for advances in our legal tradition. Although, if you’re trying to become informed on the matter, I can perhaps respect not wanting to be unduly influenced by books you suspect have an anti-Catholic agenda.

Undue influence is not my concern. However, time is a concern. I respect the thesis of Berman’s first book, but I do not wish to trudge through a diatribe that ultimately only brings his reader to the proposition that the Reformation was some sort of prelude to the Enlightenment that brought on positive effects for the world beyond mere dissent against Rome, and that it did this despite Rome. This is a thesis that I have delved into before and which I find to be incorrect. Based purely on statistical/historical grounds, not to mention philosophical and spiritual grounds, I find so little legitimacy in this claim that I must decide that it is not worth the extra time to research it.

I can accept the thesis that the Reformation parted Europe in such a way that created more competition between countries (or “sides”), thus bringing about more “progress.”

Out of curiosity, what is your interest in the law, or legal history specifically?

1. I’m Catholic, so I should have at least a basic interest in this kind of stuff.
2. I’m a second-year law student.
3. I’m doing a personal study of economic subjects, specifically Austrian/Chicago free-market models compared with whatever Distributist models I can contemplate. My study seeks to incorporate both church and government in their proper roles.

 

[CommonWeal]

The second book is called: “Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition”

Undue influence is not my concern. However, time is a concern. I respect the thesis of Berman’s first book, but I do not wish to trudge through a diatribe that ultimately only brings his reader to the proposition that the Reformation was some sort of prelude to the Enlightenment that brought on positive effects for the world beyond mere dissent against Rome, and that it did this despite Rome. This is a thesis that I have delved into before and which I find to be incorrect. Based purely on statistical/historical grounds, not to mention philosophical and spiritual grounds, I find so little legitimacy in this claim that I must decide that it is not worth the extra time to research it.

I can accept the thesis that the Reformation parted Europe in such a way that created more competition between countries (or “sides”), thus bringing about more “progress.”

1. I’m Catholic, so I should have at least a basic interest in this kind of stuff.
2. I’m a second-year law student.
3. I’m doing a personal study of economic subjects, specifically Austrian/Chicago free-market models compared with whatever Distributist models I can contemplate. My study seeks to incorporate both church and government in their proper roles.

I am reading this book for a course in Legal History, as well as the second book you mentioned. I, too, am a 2L at Liberty University. I would not describe the work as completely sympathetic to the Catholic Faith, but that is understandable since Berman is Protestant. I have already found some inconsistencies in the Berman’s depiction of periodization as contrasted with, say, that of Belloc’s Europe and the Faith, which I found soooo helpful and enlightening.