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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 i...
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 i...
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The experience of modernization -- the dizzying social changes that swept millions of people into the capitalist world -- and modernism in art, literature and architecture are brilliantly integrated in this account.
There is no better key to the strengths and weaknesses of the Soviet social system than Soviet law. Here in English translation is the Criminal Code and Code of Criminal Procedure of the largest of the fifteen Soviet Republics--containing the basic criminal law of the Soviet Union and virtually the entire criminal law applicable in Russia--and the Law on Court Organization. These two codes and the Law, which went into effect o January 1, 1961, are among the chief products of the Soviet law reform movement which began after Stalin's death, and are a concrete reflection of the effort to establish legality and prevent a return to Stalinist arbitrariness and terror. In a long introductory essay ...
Harold James examines the vulnerability and fragility of processes of globalization, both historically and in the present. This book applies lessons from past breakdowns of globalizationÑabove all in the Great DepressionÑto show how financial crises provoke backlashes against global integration: against the mobility of capital or goods, but also against flows of migration. By a parallel examination of the financial panics of 1929 and 1931 as well as that of 2008, he shows how banking and monetary collapses suddenly and radically alter the rules of engagement for every other type of economic activity. Increased calls for state action in countercyclical fiscal policy bring demands for trade ...
This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
In addition to revising our view of the interwar period and the building of European democracies, this book cuts against the grain of most current theorizing in political science by explicitly discussing when and how ideas influence political behavior. Even though German and Swedish Social Democrats belonged to the same transnational political movement and faced similar political and social conditions in their respective countries before and after World War I, they responded very differently to the challenges of democratization and the Great Depression--with crucial consequences for the fates of their countries and the world at large. Explaining why these two social democratic parties acted ...