Ancient Law. Sir Henry Sumner Maine

Ancient Law - Sir Henry Sumner Maine


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generalise, how convulsively he clings in the infancy of civilisation to the formal, the material, the realistic aspects of things, how late he develops such abstractions as "the State." In all this Maine first showed the way. As Sir Frederick Pollock has admirably put it—

      Nowadays it may be said that "all have got the seed," but this is no justification for forgetting who first cleared and sowed the ground. We may till fields that the master left untouched, and one man will bring a better ox to yoke to the plough, and another a worse; but it is the master's plough still.

      J. H. MORGAN.

      Note.—The reader who desires to study Maine in the light of modern criticism is recommended to read Sir F. Pollock's "Notes on Maine's Ancient Law" (published by John Murray at 2s. 6d., or, with the text, at 5s.). The best short study of Maine with which I am acquainted is the article by Professor Vinogradoff in the Law Quarterly Review for April 1904. The field of research covered by Maine in his various writings is so vast that it is impossible to refer the reader, except at great length, to anything like an adequate list of later books on the subjects of his investigation. In addition to the works on the Village Community mentioned in a previous footnote, I may, however, refer the beginner to Mr. Edward Jenks' little book on The History of Politics in Dent's Primers, to Professor Ashley's translation of a fragment of Fustel de Coulanges under the title of The Origin of Property in Land, and to Sir Frederick Pollock's brilliant little book, The Expansion of the Common Law. The reader is also recommended to study Mr. H.A.L. Fisher's succinct survey of the contributions of Maitland to legal history under the title of F.W. Maitland; an Appreciation (Cambridge University Press). One of the most brilliant and ingenious studies of the origins of European civilisation is to be found in the work of the great German jurist, Ihering, Die Vorgeschichte der Indo-Europder, translated into English under the title of The Early History of the Indo-European Races (Sonnenschein, 1897).

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      Navis ornate atque armata in aquam deducitur (Prize Poem), 1842; The Birth of the Prince of Wales (Prize Poem), 1842; Cæsar ad Rubiconem constitit (Prize Poem), 1842; Memoir of H.F. Hallam, 1851; Roman Law and Legal Education (Essay), 1856; Ancient Law: its Connection with the Early History of Society and its Relation to Modern Ideas, 1861; Short Essays and Reviews on the Educational Policy of the Government of India, 1866; Village Communities in the East and West (Lectures), 1871; The Early History of the Property of Married Women as collected from Roman and Hindoo Law (Lecture), 1873; The Effects of Observation of India on Modern European Thought (Lecture), 1875; Lectures on the Early History of Institutions, 1875; Village Communities, etc.; third ed. with other Lectures and Addresses, 1876; Dissertations on Early Law and Custom (selected from Lectures), 1883; Popular Government (four Essays), 1885; India [1837–1887] (in "The Reign of Queen Victoria," ed. by Thos. Humphry Ward, vol. i.), 1887; The Whewell Lectures: International Law, 1887, 1888; Ancient Law (ed. with introduction and notes by Sir Frederick Pollock), 1906; Ancient Law (Allahabad ed., with introduction by K.C. Banerji), 1912.

      Contributions to: "Morning Chronicle," 1851; "Cornhill Magazine," 1871; "Quarterly Review," 1886; "Saturday Review," and "St. James's Gazette."

      A brief memoir of the life of Sir Henry Maine, by Sir M.E. Grant Duff; with some of his Indian speeches and minutes, selected by Whitley Stokes, 1892.

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      The chief object of the following pages is to indicate some of the earliest ideas of mankind, as they are reflected in Ancient Law, and to point out the relation of those ideas to modern thought. Much of the inquiry attempted could not have been prosecuted with the slightest hope of a useful result if there had not existed a body of law, like that of the Romans, bearing in its earliest portions the traces of the most remote antiquity and supplying from its later rules the staple of the civil institutions by which modern society is even now controlled. The necessity of taking the Roman law as a typical system has compelled the author to draw from it what may appear a disproportionate number of his illustrations; but it has not been his intention to write a treatise on Roman jurisprudence, and he has as much as possible avoided all discussions which might give that appearance to his work. The space allotted in the third and fourth chapters to certain philosophical theories of the Roman Jurisconsults has been appropriated to them for two reasons. In the first place, those theories appear to the author to have had a wider and more permanent influence on the thought and action of the world than is usually supposed. Secondly,


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