Ancient Law maps the evolution of legal institutions from kin-bound, patriarchal orders to the contractual frameworks of modernity, coining the memorable formula that progressive societies move 'from status to contract.' Drawing on Roman jurisprudence (from the Twelve Tables to Justinian), Hindu and other Indo-European materials, Maine analyzes succession, property, family authority (patria potestas), delict, and the mechanisms of legal change-fiction, equity, and legislation. Written in lapidary Victorian prose and comparative in method, the book intervenes in nineteenth-century debates between historical jurisprudence and utilitarian codification. Henry James Sumner Maine (1822-1888), an English jurist and historian, served as Regius Professor of Civil Law at Cambridge; his classical training, engagement with comparative scholarship, and public controversies over codification prepared Ancient Law (1861), composed just before he became Legal Member of the Governor-General's Council in India, where he confronted plural customary orders that later deepened his theses. Independent of Benthamite schemes yet in dialogue with the historical school of Savigny, Maine forged an evolutionary account of institutions grounded in close reading of juristic sources and comparative inference. Scholars and curious readers alike will value this exacting synthesis-both a lucid genealogy of legal modernity and a durable guide to comparative, historically minded jurisprudence.
Quickie Classics summarizes timeless works with precision, preserving the author's voice and keeping the prose clear, fast, and readable-distilled, never diluted. Enriched Edition extras: Introduction · Synopsis · Historical Context · Brief Analysis · 4 Reflection Q&As · Editorial Footnotes.