Full Description
This monograph offers a comprehensive contextual analysis of Maine's Ancient Law, emphasising the author's use of various sources to construct the book's key themes. Ancient Law was written as a sophisticated piece of rhetorical prose grounded in Maine's education in the classics. Central to this analysis is the significant role of Roman law in shaping the narrative, particularly its influence on Maine's arguments and conclusions.
The monograph also positions Maine's work within the broader intellectual debates of the nineteenth century, especially concerning the teaching of English law and Britain's colonial presence in India. By situating Maine's Ancient Law within this larger context, the study enhances our understanding of the text, revealing the historical legal framework that resonates in modern legal discourse and thought. This connection enriches our knowledge of Maine's contributions and highlights the enduring relevance of his ideas.
Contents
Acknowledgements
Introduction
1. Sources and Criticism
2. Conceptions of 'Progress'
3. Ancient Law and Legal Change
4. The Family and the State
5. Freedom of Testation and the Family
6. The Origins of Property, its Acquisition and Protection
7. The Individual and the State: Contract, Delict, and Crime
8. Conclusions
BIbliography
Index
