The Research Of Berman's Thought Of Law And Revolution

Berman spends all his lifetime in pondering the relation of law and revolution.His theory comprehensively elaborates the history of the western law tradition,and finds that there is close relation between the western law tradition and six revolutions. The six revolutions are Pope revolution,Germany revolution,English revolution,France revolution,American revolution and Russian revolution.Each revolution causes the significant transformation and development of the western law tradition.Pope revolution causes the separation of "royal power and church power ",this builds the solid foundation of the western constitutional government. Germany revolution enhances the royal power,and promulgates "the code of Carolina".This code establishes lots of principles of criminal law, which are used by the most of modern western countries.English revolution establishes the superiority status of the common law court. This can provide better protection for the populace.In the domain of civil law and criminal law,English revolution also establishes a series of important rules.France revolution promulgates "the code of France civil law" and "the declaration of human rights",these produce the widespread influence for the whole western world. American revolution promulgates"the declaration of independence",and establishes a series of original constitution principles,for example the famous system of judicial review. Russian revolution thoroughly overthrows the rule of Czar,and promulgates socialist laws.In these significant revolutions, the religion plays the pivotal role.Because the religion is the foundation of western civilization,the origin of the law, the lead wire of the revolution.The reason that western society loses the belief is the decline of the religion. As a reverent Christian, Berman deeply feels the crisis of the religious decline,and wants to remould the important status of the religion and belief by his theory of law and revolution.Although the religious factor in Berman's theory is exaggerated,but there are many points worthing using for reference for contemporary China. Since China executes the "reform and open policy", the "reform and open policy" has had very important influence to the law. There are many problems in the aspects of keeping power in balance,the legal tradition and the legal belief in contemporary China.Only by improving these problems, can China truly realize "rule by law".