Western Legal Tradition And Religion
Western Legal Tradition, as coined by Harold J. Berman, is the explicit set of legal aggregates,
principles, and theories that are related to the idiosyncratic, reputable culture of Western Europe,
envisioned as an articulate tradition, capable of maturing over an extended period. Dating back to
the 11th century in Western Europe, legality began maturing exponentially, in terms of legal and
religious thought through the outlet of revolutions and religious movements that impacted them,
such as the religiously inspired Papal Revolution of the 11th and 13th century. Individuals studying
this philosophy today have come to question whether the three factors religion, law, and the
movements/insurgencies were equally vital, fundamental, and collaborating... Show more content on
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Through the religious outlets, mainly the religiously inspired, Papal revolution that occurred in the
11th century, the tradition was established and formed its everlasting mark on the legal system.1
The movement under Gregory VII was based on how the Church was founded by God, and the Pope
was delegated the task of implementing all individuals in a society where divine law is the only
law and is seen as the supreme ruler over the region, since he is an official of God on earth. During
this movement, occurring from 1075 1122, the Pope and his followers tried to maintain the Bishop
of Rome as the sole ruler of the Church, while preventing the control of kings over the ministry,
which caused the Roman Catholic Church to form the first Western Legal System, a self
determining system of administration and law that would maintain its ecclesiastical roots. The
primary distinction between this legal system and all of those prior to it is that it stood by and
against the domain of the secular monarchies. Even though the clerical did not advocate most of
the holy, religious responsibilities rulers had, the church understood the need to have sectors in
secular governments.3 This reform s spiritual basis was its main concern in terms of the ruler and
system of law of the era. The creation of scriptural policies (e.g., Atonement and the Last
Judgment) resulted in establishing Canon law, which is a major element of Western Legal
Tradition and has affected the way individuals view legality, including how individuals viewed and
dealt with issues such as criminal issues.2 The use of the revolution as a form of dividing the
religious and secular dimension of Western Europe, and its systematization and rationalizing, were
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