The Christian paradigm to serve in the field of law as a law Master Berman Masterpiece -- "faith and order" in

Christians worship in the law field model of

--Law Master Berman masterpiece "faith and order" abstract (excerpts of Jiang Dengxing)

Recommended language:

Harold·Berman.Harold J. Berman,1918-2007), the world famous comparative jurist, historian, jurist, international law of socialist law expert, pioneer's most famous and the relationship between law and religion. He China contemporary law also had great influence, is Chinese law are more familiar with the foreign jurists. A former USA love Mo Lei law school professor, Harvard University School of law honorary professor.

"Faith and order" is a variety of error analysis of modern western popular Berman humanism law school, reconstruction of law and legal holy faith, restore faith in Christ and law practice of normal relations between a masterpiece.

This book also let us see, Berman is a paradigm in the field of Christian worship. The church does not need all the professionals are full-time preaching, but it need professionals to be faithful and wise, in the professional field, the light of God's word out, all kinds of error and bias and efforts to resist and reformed the people.

Since God is the universe, is also the human in any one area, Lord of all reasonable rules. The most ideal that every state of field, and God's word is completely one. This ideal, is Chinese with fuzzy and expression in simple language for "harmony between man and nature". This kind of ideal and belief, should promote the Christians in any legitimate professional fields, and strive to do our best, to the glory of God testimony.

This book is to the law, legal scholars to preach the gospel, apologetics, do pre evangelism.

"Faith and order", "American constitutional and historical culture series"Series name:

· ISBN:9787511706973Price.48Author: Berman (USA) elementAuthor: no illustrations

· Translator: no

· Press: Central Compilation and Translation PressThe planning of the company: no

The time of publication:2011Years01Month1Version

This book also published and:"American constitution Christian background -- Founding Fathers beliefs and select"John Moore, AIDS (America constitutional judges, scholars and Writers) with.

The first chapter is the introduction: the religious dimension of law

Westerners are experiencing a crisis (Integrity crisis). Our formal religion and formal legal disillusionment, suggests that the fundamental value of our religious and legal concept has been a serious loss of confidence, that we give life meaning of transcendent reality (Transcendent realityFaith and commitment ()Commitment) gradually wither, also shows that we have a recession brought on the system and the process of social order and social justice, faith and commitment. Of course, many reasons. I think, it is because the two are completely separated. The law on the social dimension of religion, religious giving rise to legal spirit, direction and the law won respect the sacred. If the two are out of touch, easy to become a dogma (LawLegalismLegalism), namely, easy to fall into the fanatical religious.

Law and religion together have four elements: ritual, tradition, authority and universality.

All legal system not only needs us to use reason to law virtue cognitive announced, we also need to whole life to dedicate these virtues. If only rely on the rational cognition of human nature and social necessity, without relying on the universal value of religious commitment, to support the property law and criminal law--Then the society will be a serious danger to protect property, to condemn and punish theft.

The first part History

The second chapter: why the western legal history has not been written?

There are ten major characteristics of the western legal tradition. The independence of the legal system, as well as the whole, legal above politics, pluralism (free source). The six revolution of law, historical reason: the law cannot adapt to the new situation. They changed the traditional, but they belong to the traditional.

Every revolution are almost always for the Catholic church law, the part of the transfer to the national church. In western countries, the legal system has some important features of the same. However, research in western legal history from the whole of the lack of the consciousness. The western legal tradition20Century and21At the beginning of the century is in trouble. Nationalism legal historiography theory can not explain the fundamental change of western legal system that occurred in the past, also cannot show its present development direction. Therefore, we must start from the source of the legal tradition, as far as possible into the broad historical background, back into the predicament of the trajectory.

The third chapter: the religious foundation of Western Law

After Rome,11Centuries ago, the law with other social system.11At the end of the century, Justinian code was found,1100Years first in the modern law school founded in Bologna town. The original messy legal problems, by Rome law terms to analysis, Rome judge standard. Secondly, by using the method of scholasticism, analyze, resolve conflicts, the construction of legal system.

Once the church orders from the secular regime.1075Years of reform that the Pope Gregory VII, owning to the secular power. Since "the modern church law" -- the first modern legal system was born. Church law ethical standards has greatly influenced western legal system.

The foundation of the western legal tradition is: beyond the spirit folk two complete social, legal and religious fusion. Order and justice and faith and moral integration. In the early society, law and social life get along swimmingly with each other. Kruni, the repair is the first cross regional group, religion and the Priory group to make tough political law tends to moderate.

The western legal crisis: the crisis of the western legal tradition, it is unable to solve20The key of a century of conflict, to maintain justice and order in a become be placed in jeopardy because of violence and oppression of the world, the main reason is dependent on the western legal tradition society collapsed. These social, that all Christians, constitute the real foundation of Western law. However, if in the social life of religious belief is weak, between race, class, gender and generational rift deep (like now USA and the entire western is becoming more so), if the belief is weak, kinship and local constraints have given way to fuzzy Abstract nationalism, so in this society, the fundamental no law can achieve the ultimate goal of fantasy. The law if not rooted in society, will only become mechanical and overbearing.

The foundation of western legal religious fall the secular and sacred life in two yuan of no vitality. The law into a machine, the religion becomes an escape. During the nine hundred years of the western law era came to an end; two yuan of the law, more precisely, is the diversity, completely be reduced to fragments, be split.

The western legal tradition should adapt to the new era and opened for East West conflict. What is the concept of time, rather than a geographical concept. In the Christian religion, the East represents the first millennium, it laid the foundation for the second millennium. Third times in the first two basis should be established for thousands of years.

The fourth chapter Medieval England scaleFlatMethod

Law and belief, fifth chapter three revolution in contact

From the Lutheran doctrine to the new Calvin doctrine, and then to the Enlightenment of deism, change the view of religion are accompanied by the mainstream political view and the corresponding change of the constitutional concept. And16The new faith century German Lutheranism connected, king and the courtiers, civilian enjoys the highest power. And17Century British Puritan and Anglican doctrine is new beliefs, is essentially noble parliament power over the king and church, and the independence of the judiciary. And18The new faith, century French Deism and enlightenment are connected by an elected parliament democracy, and the general rule.

Germany: originally the church court jurisdiction to jurisdiction by the Court Affairs territory and the city court, although in the Lutheran Reformation had been completely, but the secularization process (which is an important reason of legal reform movement) can not be with Lutheranism segmentation. In Luther's view, and the moral law or natural law together is the ground state, rather than the heavenly kingdom. Provide support for these theological position as the positivist view, will is all laws are derived from the ruler.

English: Hale set an example by personally taking part with its proof, the British common law and not be act as one pleases, case, but rather a continuous evolution of the system, at least he can use it as a whole to grasp. Hale on systematic English law to the method of history, due to his religious beliefs, including the Puritan belief, also the Episcopal faith. God in the development of the English common law through nursing manifest themselves, this belief is17The Puritan and Anglican century English Revolution to the western law left thinking heritage.

France: in this secular (rationalism, individualism, utilitarianism,Natural rights, equality of opportunity, freedom of expression and the freedom of will) and implicit Theology (creation, deism can be perfect, progress of human's natural law) between the national and public, is the two closely connected creed. The law should be national laws, it is decided by the general will. The fundamental justification of law is to bring the development progress and happiness, so as to achieve the purpose of creation, and to do that, it must reflect the democratically expressed the interests of the state.[1]

The sixth chapter The western legal philosophy in the Lutheran ReformationWhen thePeriodTheDeCountryTheChange

On a long ignored academic problems, to the modern enlightenment of law from the natural law of medieval concept, is the Lutheran Reformation of European legal philosophy major impact. The theological and academic exploration of Luther, Merran Heaton, Oldendorp's view of the law.

The seventh chapter Religious origins and general principles of Contract Law

The beginning point out19Since the 20th century, the new development of the contract law on the basis of rationalism and individualism, religious belief of the original basis of orientation of contract law. The author traces the law of contract of the medieval church sources and the origin of Puritan theology, points out that the church in the past five hundred years, providing a basic "parent" for the modern legal system, and the covenant of God and the English Puritans movement in the thought and the historical practice, hair Temple law of contract in the Christian faith as the foundation. And in the18At the end of the century to19Century, contract law secularization, the original contract law emphasizes the group on the transcendental value commitment contract, so that stable relationships to form the contract group. But later secular spirit is the pursuit of enlightenment meaning autonomous, independent individual. The authors pointed out that with the development of rationalism and individualism in20The fading, popular in19The secular law of contract criticism is inevitable. The author puts forward a possibility, construct a new theory of contract law based on the theory of old beliefs.

The eighth chapter America interaction of law and religion constitutional history

The first amendment of the constitution is American, forbids the use of federal government intervention in religious affairs, but did not prohibit states from government support of religion, American history, many state legislative support of the church. America draft constitution of people believe, religious prosperity is the basis American law free, USA history proves America is a Christian nation.

19After a century to the great depression, the Americans accept the influence of enlightenment, the traditional religion and politics separate from each other but in the value of mutual support, into a political and religious are completely separated in value. Americans, began to believe the Constitution Constitution Belief, constitution principle into a kind of their idols. While the original constitution to serve a higher value commitment. In addition, lost the religious value commitment, mandatory and not only legal guarantee people to abide by the law, does not guarantee a society for a long time order and prosperity. The author calls, re established political values to freely interact with the religious value, the realization of law justice, compassion, faith, while the religion adhering to its social responsibility.

The ninth chapter freedom of religion and the challenges of the modern nation

First ask USA constitution on the church and the state of discrete terms, what means opposition lawmakers ancestors? Back America early in life, religion in family law, dominant education, social welfare, the government law also reflects the religious values. And the government in the social life of the auxiliary position. This phenomenon has changed greatly in the contemporary era, the government began to occupy the dominant position in the social life, and religion is back in the private sector.

The author thinks, USA fathers eyes of religion, in addition to personal beliefs, also includes a belief that the public practice, so he advocated religious groups need to clear their social participation is in the religious life of righteousness, so that the court relaxed first amendment "from the exercise clause", "the establishment of contraction clause". The two clause of harmonic, without affecting other groups to religious groups and the government social responsibility.

USA are exploring new public philosophy, through diversity to show potential common belief among them. Must confirm: freedom of belief in the final analysis is based on the belief basis, rather than based on suspicion.

Provide the link in social belief!

The second part Sociology and Philosophy Papers

This part of the article, some rational thinking, some reading difficulty. But a lot of weight, is often an article is clarifying the key issue of a subject, or the prospect and develop a new discipline. And the author can meet the academic norm from the Christian values for academic thinking.

The tenth chapter MarxWebb's Sociology of lawTheSome wrong premise

This chapter analyzes the legal society Webb's mistake: from the beginning of the fact and value are clearly distinguished.

Webb had no expression, western city free is the emergence of a revolutionary reformation part--In this revolutionary reformation, on one hand the Church declared independence from all the secular political body, on the other hand, the real concept of the secular political body was first founded, and that the secular political body can be improved and salvation through law.

In my opinion, study overall harmful Law Society of Webb, because it greatly contributed to the formation of such a belief, namely basic reason lies in the existence of legal system"Has in a certain territoryOn the legitimate use of violence monopoly"People realize their control of the territory of the people.

The eleventh chapter Individualism and social groupRighteousnessA theory of Justice

What is the ultimate source of law? Morality or politics? The western concept of justice, from the western political, legal and other social system in the history of. Trace back to1000The development of western law years. Tribal law earlier christian color, Gregory VII reform, established the first modern legal system -- the modern church law. The secular legal system reform.

Then individual idea gradually formed. Now the liberal individual sovereignty is a virtual social contract, and11The real contract Group century city.20A century ago, there is a strong tendency to practice of Communitarianism in Western society.

Second defects of contemporary philosophy, medieval origins to modern system.

The twelfth chapter Legal and religious development in world order

International law is the premise of the world order. Need a universally recognized concept of justice. The formation of common support needs legal and religious world order, the law provides structure, process allocation of rights and obligations, religion provides the transcendental value the common intuition and commitment.

The thirteenth chapter to the comprehensive law

On legal positivism, natural law, historical jurisprudence three university school integration, proposed the development of comprehensive law to deal with the crisis of new ideas. Should be the masterpiece of the philosophy of law.

No doubt, this is our traditional legal crisis lies: we are in an end of an era, but also at the beginning of another era.The worldHistory aroundWesternThe time near the end of history,WesternHistory aroundThe worldHistory era emerged.

The fourteenth chapter law and love

As in the past against the contemporary view of law, that law was just abstract objective without emotion, morality and value independent. The law needs love, love needs to be realized by law. The authors cite three examples, he how to foster the love of Christ by law. The author thinks that the law requires the lowest standard of social and friendly, although the highest standards it is not up to the requirements of faith, but it points to a higher standard. Therefore, beliefs or "love" is not abandoned the law, "the law is the blame".

The fifteenth chapter of Judaism-Comparison of the Christian and pagan learning knowledge

Knowledge holder secular knowledge and judaism:

1, Common people.AThe existence and knowledge of God have nothing to do. A fact is a fact.BReason alone, can discover the truth.

2, Christian:A, seek the relation between God and his design. The fact that the creator God in history, known as the research subject, in the will of god.BGod's will, Lord, knowledge by God, God found new truth.

That proud of knowledge is the modern institution of the ingrained sin, so Christians need to develop their own thinking way of life. The study is "faith, hope, love".

The sixteenth chapter Law and history after the two World War

In the Christian era of the first millennium, West Europe many pagan tribes have converted to a belief in God; in the Christian era second millennium, Western Europeans created to embrace a political legal order creates the world as the foundation, the political and legal order through the end of religion, military and political colonial, especially through science and technology, put such a creation to the world. Rosen stork - Jose tell us the Christian era, the task of the third millennium is to establish a human society. He wrote:"The church, the state and society, is the Christian era (three Millennium) three gestalt."Key 3000th years, is the conversation and listening.

World system did not see, in the world system of belief is tending to fusion, world religions interact and affect each other, the background of the global political culture is formed, in the background, opposite tendency and value all kinds of concept of peaceful coexistence, and not only coexist, but also mutual influence, mutual response, and change.

The formation law of world order, the six embodies the basic principle of the nationality law. The moral foundation for world peace.

The seventeenth chapter USA legal education crisis

The USA legal education problems, including the legal thought of the crisis, is a microcosm of the historical trend. The overall legal structure, evolution of law, legal religious foundation, law of transcendence, the traditional Western beliefs not only gradually disappeared in the law school teachers and students of the mind, in the vast majority of people's consciousness to disappear....... Inoculation of the western legal tradition in the history of soil20Century by erosion, and the western legal tradition itself is going to collapse.