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Ancient Law: Its Connection to the History of Early Society

By Henry Sumner Maine

(3.5 stars) • 10 reviews

Uncover the forgotten origins of law, where family bonds and communal needs shaped the very foundation of justice and order.

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Released
2007-10-07
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Summary

"Ancient Law: Its Connection to the History of Early Society" by Henry Sumner Maine is a study into the origins of law, viewing its development through the lens of societal evolution. Challenging previous theories, the book suggests that law emerged from communal beginnings, where the family unit was central. Maine contends that early legal systems prioritized the group over the individual, influencing concepts like property and contracts. The narrative charts the transformation of these initial laws into more intricate systems, adapting to the demands of growing societies and laying a new historical groundwork for understanding legal principles.

About the Author

Sir Henry James Sumner Maine,, was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book Ancient Law that law and society developed "from status to contract." According to the thesis, in the ancient world individuals were tightly bound by status dealing with(in) a particular group while in the modern one, in which individuals are viewed as autonomous agents, they are free to make contracts and form associations with whomever they choose. Because of this thesis, Maine can be seen as one of the forefathers of modern legal anthropology, legal history and sociology of law.

Average Rating
4.0
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Total Reviews
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