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The Legal Belief Of Harold J.Berman

Posted on:2018-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q H LiFull Text:PDF
GTID:2346330536976578Subject:Philosophy
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The thought formation of Harold J.Berman is closely linked with the specific historical period.The key to form his law belief is that he converted to Christianity in the second war and affected by Eugene.Rosen stoke – hu,which distinguishes him from other thinkers.Berman'law belief idea origins from the integration of law and religion.Which are rooted in integrating different belief systems just like the integrity of Judaism and Christianity.He criticizes Marx weber thought and denies binary oppositions,appearing to broke the boundaries of consciousness and seeing the opposite concept as the different dimension of interacting with historical development in a broad sense.He anticipates to change the consciousness of people to answer for the crisis in his eyes,and law belief is the direct result of his effort.His law belief is not just faith in law and is the ultimate value beyond law.Nowadays,it seems that the legal system of our country has been at a stalemate.We attempt to change people's consciousness in new way.We try to change personal consciousness at first,then change the consciousness of society.Berman' legal belief thought plays a guiding and referencing role to the problems existing in our legislation construction.Everyone makes an effort to optimize the law,and it satisfies the value demand for people on both life and society.That carrying out the value of law gives hope to people.Only when seeing this hope,can they consciously make effort for it.When achieving positive interaction between these two,the law will not be rigid and ossified.People will have positive attitude to law.They will trust law,and rely on and finally believe in law.Meanwhile,people will form rational consciousness in the end instead of being forced or reminded while constraining their behavior.It is the the formation process of rational consciousness,which is constantly developing and at last forming special legal culture containing legal belief.The perfect state for socialist legalsystem is the unification of legal belief,rational consciousness and legal culture.Due to this statue,lots of social problems can he smoothly solved.At last achieveing the ideal of legal society and rule of law.
Keywords/Search Tags:Harold J.Berman, Legal Belief, Legal culture, rational consciousness, legislation construction
PDF Full Text Request
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