Ancient Law by Sir Henry Sumner Maine

Ancient Law by Sir Henry Sumner Maine

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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.
Maine, Henry Sumner: -

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.

SKU Unavailable
ISBN 13 9781406751819
ISBN 10 1406751812
Title Ancient Law
Author Sir Henry Sumner Maine
Condition Unavailable
Binding Type Paperback
Publisher Read Books
Year published 2007-03-15
Number of pages 388
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.