Catholic University Law Review Volume 24 Issue 3 Spring 1975 Article 4 1975 The Religious Foundations of Western Law Harold J. Berman Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Harold J. Berman, The Religious Foundations of Western Law, 24 Cath. U. L. Rev. 490 (1975). Available at: https://scholarship.law.edu/lawreview/vol24/iss3/4 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact
[email protected]. THE RELIGIOUS FOUNDATIONS OF WESTERN LAWt Harold 1. Berman* I. THE WESTERN LEGAL TRADITION The Western legal tradition, like Western civilization as a whole, is under- going in the 20th century a crisis greater than any other in its history, since it is a crisis generated not only from within Western experience but also from without. From within, social, economic, and political transformations of un- precedented magnitude have put a tremendous strain upon traditional legal institutions and legal values in virtually all countries of the West. Yet there have been other periods of revolutionary upheaval in previous centuries, and we have somehow survived them. What is new is the confrontation with non- Western civilizations and non-Western philosophies. In the past, Western man has confidently carried his law with him throughout the world. The world today, however, is more suspicious than ever before of Western "legal- ism." Eastern man and Southern man offer other alternatives.