ABSTRACT

Harold J Berman offered a narrative which points to the system of law as the product of the interaction between the core concepts of law, person, community and belief. In Law and Revolution, Berman introduces a story which, from the outset, he acknowledges may not be universally welcome; even amongst those who recognise the narrative as true. Berman offered an understanding of law which is rooted in the shaping of communities. Burckhardt asserted that it was through the polis and promulgated laws that the social ethos of Ancient Greece were defined, communicated and maintained; with each individual expected to obtain a state of excellence consistent with his condition in life. Roman law has enjoyed an enormous influence on the development of modern-day legal systems. Scripture provides numerous examples of the understanding of law in the world occupied by Judaism. Christ’s attitude toward the law has dominated much of the works seeking to provide a fuller understanding of the ‘historical Jesus’.