Law and Revolution
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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 t
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…defense" is a secularization of Christian Law (say, Canon Law). What does secularization consists of? Replace the theological reasoning with non-theological ones. Here is what Harold Berman says in his "Law and revolution: The formation of the Western legal tradition": "A bizarre example may shed light on the paradoxes of a legal tradition that has lost contact with its theological sources. If a sane man is convicted…
on “Kahler v. Kansas” ↗The timeline overlaps with the Peace of God movement and the Gregorian reforms which legal historian Harold Berman calls the Papal Revolution in his book Law and Revolution: The Formation of the Western Legal Tradition. Also coincides with the beginnings of renavatio that Charles Taylor mentions in A Secular Age. You could argue though that perhaps it took some time until…
on “Normans and Slavery: Breaking the Bonds” ↗