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Ancient Law Sir Henry Sumner Maine

Ancient Law By Sir Henry Sumner Maine

Ancient Law by Sir Henry Sumner Maine


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Summary

This is the enduring work of 19th-century legal historian Henry Sumner Maine. His narrative spans the ancient world, in which individuals were bound by status to traditional groups, and the modern one, in which individuals are free to make contracts with whomever they choose.

Ancient Law Summary

Ancient Law by Sir Henry Sumner Maine

Best known as a history of progress, Ancient Law is the enduring work of the 19th-century legal historian Henry Sumner Maine. Even those who have never read Ancient Law may find Maine's famous phrase from status to contract familiar. His narrative spans the ancient world, in which individuals were tightly bound by status to traditional groups, and the modern one, in which individuals are viewed as autonomous beings, free to make contracts and form associations with whomever they choose. Maine's dichotomy between status-based societies and contract-based societies is a variation on a theme that has absorbed the social sciences for a century: the distinction between Gemeinschaft (community) and Gesellschaft (society). This theme has been elaborated upon by such eminent scholars as Tonnies, Durkheim, Weber, Simmel, and Parsons. Along with many lesser scholars, they have considered what we gained and what we lost when we left behind a social world held together by communal, primordial bonds, and adopted one based upon impersonal temporary agreements among individuals. Maine wrote Ancient Law to increase knowledge about the internal mechanics of developing societies. He felt a key objective was better understanding of how law develops over time. Failure to understand temporal processes in relation to legal development, he argues, leads to the creation of false dichotomies. The most important of these is the alleged division between the ancient and the modern, which Maine described as an imaginary barrier at which modern scholars feel they must stop and go no further. Maine's desire to breach this barrier led him to present this complex and richly nuanced analysis of legal evolution. This book will be of interest to historians, political philosophers, and those interested in the development of law.

About Sir Henry Sumner Maine

Sir Henry Sumner Maine (1822-1888) remains one of the most prominent scholars of a great age of legal-historical studies. A lecturer on jurisprudence at Oxford and Cambridge, a journalist in London, as well as a colonial administrator in India. Maine is acknowledged today as a pioneer in establishing anthropological jurisprudence as an aspect of the study of comparative law. Dante J. Scala is an assistant professor of politics at Saint Anselm College in Manchester, New Hampshire. His research interests include the development of the concept of corporate personality, and the role of taxation in American political development.

Additional information

NLS9780765807953
9780765807953
0765807955
Ancient Law by Sir Henry Sumner Maine
New
Paperback
Taylor & Francis Inc
2001-06-07
460
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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