Berman’s 10 Characteristics of the Western Legal Tradition

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Today’s feast of St. Joseph the Worker draws one’s attention at this university-based Catholic law school to the work of those in the legal profession. The “entrusting of legal institutions to professionals” and “the training of those professionals in a discrete body of learning” are two of the ten characteristics of “the Western legal tradition” that Harold Berman traced to the so-called papal revolution that took place in Europe in the eleventh and twelfth centuries.in his magisterial.

Reviewing Berman’s magisterial 1983 book Law and Revolution: The Formation of the Western Legal Tradition for the Catholic University Law Review, Columbus School of Law Professor Raymond Marcin summarized the ten characteristics identified by Berman as follows:

(1) a relatively sharp distinction between legal and other types of institutions; (2) the entrusting of the legal institutions to professionals; (3) the training of those professionals in a discrete body of learning; (4) the existence of that body of learning in a complex, dialectical relationship to the legal institutions, giving the law the capability of a meta-law by which it can be analyzed and evaluated; (5) law as a coherent whole, a body; (6) law as having an ongoing character, a capacity for growth, an inherent mechanism for change; (7) that growth as being logical, patterned, regular, reflecting an inner necessity; (8) law as being supreme over the political authorities, this linked to its historicity; (9) law’s coexistence and competition within diverse legal systems, making the supremacy of law both necessary and possible; and (10) the existence of a tension between ideals and realities, between the dynamic and the stable, between transcendence and immanence, a tension which leads to tradition- renewing revolutions.

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Disclaimer: The views and opinions expressed in these posts are those of the individual contributors and do not represent the positions of CIT, the Columbus School of Law, or the Catholic University of America. 

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Berman’s 10 Characteristics of the Western Legal Tradition

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