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Ancient Law, by Henry Sumner Maine
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Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
- Sales Rank: #14440318 in Books
- Published on: 2011-04-06
- Original language: English
- Number of items: 1
- Dimensions: 8.50" h x .95" w x 5.51" l, 1.18 pounds
- Binding: Paperback
- 426 pages
From the Publisher
This book is engrossing reading for all who may be interested in the growth of human ideas and the origins of human society. Its object is to reveal some of the earliest ideas of mankind, reflected in Ancient Law, to point out the relation of those ideas to later thought. Early society, reflected in the law, begins with the group (the family), not with the individual. Covered are: ancient codes; legal fictions; law of nature and equity; the modern history of the law of nature; primitive society and ancient law; the early history of testamentary succession; ancient and modern ideas respecting wills and successions; the early history of property, contract, and delict and crime.
From the Author
English lawyer and historian SIR HENRY JAMES SUMNER MAINE (1822-1888) lectured on legal issues at Oxford and Cambridge and contributed to the codification of law in India. His works include Village Communities in the East and the West, The Early History of Institutions, and Popular Government.
From the Back Cover
This treatise on the study of early municipal institutions, first published in 1861, has been likened, in its influence and importance, to Darwin's Origin of Species. With this slim volume, Maine, one of the most brilliant classical scholars of his day, created a natural history of law by demonstrating that our notion of legality is as much the product of historical development as biological organisms are the outcome of evolution.
Through an intense focus on the contribution of Roman code to modern jurisprudence, Maine explores early ideas about property, wills, contracts, and crime. This is a pioneering work of legal history, one that has had an immeasurable effect not only on our understanding of ancient concepts of justice and punishment but on the view of civilization itself as an arrangement of public rules and statutes.
Most helpful customer reviews
7 of 7 people found the following review helpful.
A "must read" for political science, law and social studies
By J. Preston
This book should be mandatory reading for any history classes, law studies and political science curricula.
Professor Maine (of Cambridge) wrote this treatise in 1867. It is a documentation of how ancient laws (especially from ancient Greece and Rome) have influenced our modern societies and systems of law.
One of the most illuminating chapters contains his brilliant analysis of the American system of government just after the civil war.
Professor Maine points out that the US system of government is based almost entirely on Roman Law. Many of the important ideas in our seminal documents, such as the Declaration of Independence and the Constitution, derive from the Roman "Jus Gentium." [The "law" of the People] The Jus Gentium was the law which Rome used to rule over its empire. It was designed to guarantee certain rights and freedoms to the people of the empire, notwithstanding their diverse cultural, economic and religious differences.
Prof. Maine points out that just as the Romans ruled over the diverse nations and cultures, of the ancient world, by imposing the Jus Gentium upon them, the federal government in the U.S. governs the diverse cultures, economies, religions and geographies of the several states of the Union.
He is the only historian who realized that the principal premise of the Jus Gentium was the basis for the U.S. Constitution. The principal premise of the Roman Jus Gentium was: "omnes homines natur� �quales sunt," [All men are created equal] Maine, Henry Sumner (2011-03-17). Ancient Law Its Connection to the History of Early Society (Kindle Location 1094). Kindle Edition.
He points out, brilliantly, that Thomas Jefferson, and most of our founders, were scholars of ancient law and implemented the principles of ancient law in the founding of our country.
As this was written just after the American Civil War, Professor Maine's insights give new meaning to President Lincoln's most eloquent Gettysburg Address: "Four Score and seven years ago, our fathers brought forth onto THIS continent a NEW nation conceived in liberty and dedicated to the proposition that: omnes homines natur� �quales sunt." [All men are created equal] . . . . that these honor�d dead shall not have died in vain, . . . and that the 'Jus Gentium' [translated by President Lincoln as: 'Government of the people, by the people and for the people'] shall not perish from the earth."
0 of 0 people found the following review helpful.
Packed. Intricate.
By Pursuingknowledgeandperspectives
PACKED and more. Intricate explanations that require reader's intense attention--but "it's there," if your journey to it is a bit convoluted. From a lifetime of study and learning by a learned man of substance. The main reference text for a Berkeley professor's class. Not a fast read, but an informative one if time is taken. The language is generally elevated-1800s, but with some effort it can be handled. Usually. A piece of work.
0 of 0 people found the following review helpful.
Five Stars
By Laval
Think you perfect
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