Henry Maine

Ancient Law (Dodo Press) Henry Maine

Sir Henry James Sumner Maine (1822-1888) was an English comparative jurist and historian, son of Dr James Maine, of Kelso, Borders, Scotland. He is famous for the thesis, outlined in Ancient Law (1861), that law and society developed "from status to contract". In the ancient world individuals were tightly bound by status to traditional groups, while in the modern one, in which individuals are viewed as autonomous beings, they are free to make contracts and form associations with whomever they choose. Because of this thesis, he can be seen as one of the forefathers of modern sociology of law. His prominent use of Roman law and the wide range of his observation have made his works as intelligible abroad as at home and thereby much valuable information. His other works include Village Communities (1871), Lectures on the Early History of Institutions (1875), Dissertations on Early Law and Custom (1883), and Popular Government (1885).