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Henry James Sumner Maine Biography

Henry James Sumner Maine

Sir Henry James Sumner Maine, KCSI (15 August 1822 – 3 February 1888), was a British 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 to traditional groups, 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.

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Henry James Sumner Maine Quotes

In spite of overwhelming evidence, it is most difficult for a citizen of western Europe to bring thoroughly home to himself the truth that the civilisation which surrounds him is a rare exception in the history of the world.

Citizens, Europe, Home, Overwhelming, Rare

The epoch of Customary Law, and of its custody by a privileged order, is a very remarkable one.

Custody, Epoch, Law, Order

Our authorities leave us no doubt that the trust lodged with the oligarchy was sometimes abused, but it certainly ought not to be regarded as a mere usurpation or engine of tyranny.

Abused, Doubt, Oligarchy, Trust, Usurpation

The movement of the progressive societies has hitherto been a movement from Status to Contract.

Hitherto, Movement, Progressive Society, Societies, Status, Wisdom

The inquiries of the jurist are in truth prosecuted much as inquiry in physic and physiology was prosecuted before observation had taken the place of assumption.

Assumption, Inquiries, Inquiry, Physiology, Place, Taken

The most superficial student of Roman history must be struck by the extraordinary degree in which the fortunes of the republic were affected by the presence of foreigners, under different names, on her soil.

Degrees, Different, History, Names, Soil

When primitive law has once been embodied in a Code, there is an end to what may be called its spontaneous development.

Code, Development, Law, May, Primitive

The Roman Code was merely an enunciation in words of the existing customs of the Roman people.

Code, Customs, Enunciation, People, Roman, Words

It is true that the aristocracies seem to have abused their monopoly of legal knowledge and at all events their exclusive possession of the law was a formidable impediment to the success of those popular movements which began to be universal in the western world.

Abused, Aristocracy, Events, Exclusive, Impediment, Law

Law is stable the societies we are speaking of are progressive. The greater or less happiness of a people depends on the degree of promptitude with which the gulf is narrowed.

Degree, Degrees, Law, People, Progressive

The ancient codes were doubtless originally suggested by the discovery and diffusion of the art of writing.

Ancient, Art, Discovery, Suggested, Writing

The Roman jurisprudence has the longest known history of any set of human institutions.

Humans, Institutions, Jurisprudence, Known, Set

The members of such a society consider that the transgression of a religious ordinance should be punished by civil penalties, and that the violation of a civil duty exposes the delinquent to divine correction.

Divine, Punished, Religious, Should, Society