Law and Revolution

Law and Revolution

Author: Harold J. Berman

Publisher: Belknap Press

Published: 1983-09-30

Total Pages: 676

ISBN-13:

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The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.


Book Synopsis Law and Revolution by : Harold J. Berman

Download or read book Law and Revolution written by Harold J. Berman and published by Belknap Press. This book was released on 1983-09-30 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.


Law and Revolution, the Formation of the Western Legal Tradition

Law and Revolution, the Formation of the Western Legal Tradition

Author: Harold J. Berman

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 674

ISBN-13: 9780674020856

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The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.


Book Synopsis Law and Revolution, the Formation of the Western Legal Tradition by : Harold J. Berman

Download or read book Law and Revolution, the Formation of the Western Legal Tradition written by Harold J. Berman and published by Harvard University Press. This book was released on 2009-07-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.


After Secular Law

After Secular Law

Author: Winnifred Sullivan

Publisher: Stanford University Press

Published: 2011-08-29

Total Pages: 402

ISBN-13: 0804775362

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Bringing together scholars with a variety of perspectives and orientations, this work examines the interconnections between law and religion and the unexpected histories and anthropologies of legal secularism in a globalizing modernity.


Book Synopsis After Secular Law by : Winnifred Sullivan

Download or read book After Secular Law written by Winnifred Sullivan and published by Stanford University Press. This book was released on 2011-08-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together scholars with a variety of perspectives and orientations, this work examines the interconnections between law and religion and the unexpected histories and anthropologies of legal secularism in a globalizing modernity.


Law, Religion and Tradition

Law, Religion and Tradition

Author: Jessica Giles

Publisher:

Published: 2019-10-24

Total Pages: 212

ISBN-13: 9783030072421

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Book Synopsis Law, Religion and Tradition by : Jessica Giles

Download or read book Law, Religion and Tradition written by Jessica Giles and published by . This book was released on 2019-10-24 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Interaction of Law and Religion

The Interaction of Law and Religion

Author: Harold Joseph Berman

Publisher:

Published: 1974

Total Pages: 182

ISBN-13:

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Book Synopsis The Interaction of Law and Religion by : Harold Joseph Berman

Download or read book The Interaction of Law and Religion written by Harold Joseph Berman and published by . This book was released on 1974 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Law and Revolution: The formation of secular legal systems. The concept of secular law

Law and Revolution: The formation of secular legal systems. The concept of secular law

Author: Harold Joseph Berman

Publisher:

Published: 1983

Total Pages: 657

ISBN-13:

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Book Synopsis Law and Revolution: The formation of secular legal systems. The concept of secular law by : Harold Joseph Berman

Download or read book Law and Revolution: The formation of secular legal systems. The concept of secular law written by Harold Joseph Berman and published by . This book was released on 1983 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Constitutional Secularism in an Age of Religious Revival

Constitutional Secularism in an Age of Religious Revival

Author: Susanna Mancini

Publisher: Oxford University Press

Published: 2014

Total Pages: 386

ISBN-13: 0199660387

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"The revival of religion in many parts of the world and the migration of religious cultures as part of the process of globalization have posed a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others"--


Book Synopsis Constitutional Secularism in an Age of Religious Revival by : Susanna Mancini

Download or read book Constitutional Secularism in an Age of Religious Revival written by Susanna Mancini and published by Oxford University Press. This book was released on 2014 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The revival of religion in many parts of the world and the migration of religious cultures as part of the process of globalization have posed a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others"--


Formations of the Secular

Formations of the Secular

Author: Talal Asad

Publisher: Stanford University Press

Published: 2003-02-03

Total Pages: 401

ISBN-13: 0804783098

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“A dark but brilliantly original work . . . one of the most important books on religion and the modern in recent years.” —H-Net Reviews Opening with the provocative query “what might an anthropology of the secular look like?” this book explores the concepts, practices, and political formations of secularism, with emphasis on the major historical shifts that have shaped secular sensibilities and attitudes in the modern West and the Middle East. Talal Asad proceeds to dismantle commonly held assumptions about the secular and the terrain it allegedly covers. He argues that while anthropologists have oriented themselves to the study of the “strangeness of the non-European world” and to what are seen as non-rational dimensions of social life (things like myth, taboo, and religion),the modern and the secular have not been adequately examined. The conclusion is that the secular cannot be viewed as a successor to religion, or be seen as on the side of the rational. It is a category with a multi-layered history, related to major premises of modernity, democracy, and the concept of human rights. This book will appeal to anthropologists, historians, religious studies scholars, as well as scholars working on modernity. “A difficult if stunningly eloquent book, a response both elusive and forthright to the many shelves of ‘books on terrorism’ which this country’s trade publishers are rushing into print.” —Bryn Mawr Review of Comparative Literature “This wonderfully illuminating book should be read alongside the author’s Genealogies of Religion.” —Religion “One of the most interesting scholars of religious writing today.” —Christian Scholar’s Review “Asad’s brilliant study remains a defining piece of intellectual and scholarly contribution for all of those interested in exploring the religious and the secular in the modern era.” —The American Journal of Islamic Social Sciences


Book Synopsis Formations of the Secular by : Talal Asad

Download or read book Formations of the Secular written by Talal Asad and published by Stanford University Press. This book was released on 2003-02-03 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A dark but brilliantly original work . . . one of the most important books on religion and the modern in recent years.” —H-Net Reviews Opening with the provocative query “what might an anthropology of the secular look like?” this book explores the concepts, practices, and political formations of secularism, with emphasis on the major historical shifts that have shaped secular sensibilities and attitudes in the modern West and the Middle East. Talal Asad proceeds to dismantle commonly held assumptions about the secular and the terrain it allegedly covers. He argues that while anthropologists have oriented themselves to the study of the “strangeness of the non-European world” and to what are seen as non-rational dimensions of social life (things like myth, taboo, and religion),the modern and the secular have not been adequately examined. The conclusion is that the secular cannot be viewed as a successor to religion, or be seen as on the side of the rational. It is a category with a multi-layered history, related to major premises of modernity, democracy, and the concept of human rights. This book will appeal to anthropologists, historians, religious studies scholars, as well as scholars working on modernity. “A difficult if stunningly eloquent book, a response both elusive and forthright to the many shelves of ‘books on terrorism’ which this country’s trade publishers are rushing into print.” —Bryn Mawr Review of Comparative Literature “This wonderfully illuminating book should be read alongside the author’s Genealogies of Religion.” —Religion “One of the most interesting scholars of religious writing today.” —Christian Scholar’s Review “Asad’s brilliant study remains a defining piece of intellectual and scholarly contribution for all of those interested in exploring the religious and the secular in the modern era.” —The American Journal of Islamic Social Sciences


God and the Secular Legal System

God and the Secular Legal System

Author: Rafael Domingo

Publisher: Cambridge University Press

Published: 2016-09-29

Total Pages: 195

ISBN-13: 110714731X

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This is a timely contribution to the debate on the rights and liberties of religion, beliefs, and conscience in an age of secularization.


Book Synopsis God and the Secular Legal System by : Rafael Domingo

Download or read book God and the Secular Legal System written by Rafael Domingo and published by Cambridge University Press. This book was released on 2016-09-29 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a timely contribution to the debate on the rights and liberties of religion, beliefs, and conscience in an age of secularization.


Sincerely Held

Sincerely Held

Author: Charles McCrary

Publisher: University of Chicago Press

Published: 2022-04-08

Total Pages: 309

ISBN-13: 0226817954

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"If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"--


Book Synopsis Sincerely Held by : Charles McCrary

Download or read book Sincerely Held written by Charles McCrary and published by University of Chicago Press. This book was released on 2022-04-08 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: "If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"--