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二十世纪70年代和80年代，在美国先后有两部关于西方法律传统的著作问世：其一是泰格、利维二人合作的《法律与资本主义的兴起》（1977），其二是伯尔曼的《法律与革命》（1983）。这两部著作都是以西方法律传统的形成为主题，运用大量的文献资料旁征博引、潜心研究的结果；两书所讲述的历史在时间上亦有重合之处；甚至于两书所追溯的西方法律传统的历史渊源、所列举的一些重大事件和人物等也多有相同的地方。但是，令人颇感意外的是，两书作者所反映出来的观点、侧重的对象乃至得出的结论等却又是如此的不同，以致于形成了两种相互对立的西方法律传统形成观。本文拟从几个方面对此加以比较和考察，从中探究其内在思想根源及相关背景。
In the 1970s and 1980s, two books on the Western legal tradition were published in the United States. One was the “law and the rise of capitalism” co-owned by Tiger and Levy (1977), and the other was that Berman’s Law and Revolution (1983). These two books are based on the formation of the Western legal tradition as the theme, the use of a large number of documents next to the Bo cited, the results of painstaking research; the history of the two books also overlap in time; even the two books retroactive to the West The history of legal traditions, some of the major events and figures listed also have the same place. However, what is quite surprising is that the opinions reflected by the authors of the two books, the objects they focus on and even the conclusions drawn are so different that they form two opposing views of the formation of the Western legal tradition. This article intends to compare and investigate from several aspects, from which to explore its underlying ideological roots and related background.