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Bernard English

Bernard English
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Friday, May 15, 2009

Law as "a matter of reconciliation"

A quote from Law and Revolution by Harold J. Berman, p. 78. 
“Law, like art and myth and religion, and like language itself, was for the peoples of Europe, in the early stages of their history, not primarily a matter of making and applying rules in order to determine guilt and fix judgment, not an instrument to separate people from one another on the basis of a set of principles, but rather a matter of holding people together, a matter of reconciliation. Law was conceived primarily as a mediating process, a mode of communication, rather than primarily as a process of rule-making and decision-making.”

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