Henry Maine’s Ancient Law as an Expression of Victorian Humanism

Paul J. du Plessis

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Henry Maine’s Ancient Law as an Expression of Victorian Humanism

Paul J. du Plessis

Language: English

Published/Copyright: 2025

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About this book

Examines the contexts and purpose of Henry Maine’s Ancient Law by focusing on the sources he used to write it

Offers a contextual reading of Maine’s Ancient Law
Examines the sources used by the author and the core message of the book
Demonstrates the importance of Roman law in the construction of the book
Contextualises the book against the backdrop of debates concerning the teaching of English law in the nineteenth century and Britain’s colonial presence in India

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.

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Acknowledgements Publicly Available Download PDF	vii
Introduction Requires Authentication Unlicensed Licensed	1
1. Institutions and Criticism
1. INTRODUCTION Requires Authentication Unlicensed Licensed	3
2. THE BOOK Requires Authentication Unlicensed Licensed	6
3. CONTEXTS Requires Authentication Unlicensed Licensed	7
4. CONCLUSIONS Requires Authentication Unlicensed Licensed	23
2. Conceptions of ‘Progress’
1. INTRODUCTION Requires Authentication Unlicensed Licensed	25
2. ISSUES OF DEFINITION Requires Authentication Unlicensed Licensed	26
3. MAINE’S METHODOLOGY AND ‘PROGRESS’ Requires Authentication Unlicensed Licensed	31
4. MAINE’S INSIGHTS Requires Authentication Unlicensed Licensed	43
5. CONCLUSIONS Requires Authentication Unlicensed Licensed	45
3. Ancient Law and Legal Change
1. INTRODUCTION Requires Authentication Unlicensed Licensed	47
2. THE MEANING AND BOUNDARIES OF THE CONCEPT OF ‘ANCIENT LAW’ Requires Authentication Unlicensed Licensed	47
3. THE INTELLECTUAL CONTEXT OF THE CONCEPT OF ‘ANCIENT LAW’ Requires Authentication Unlicensed Licensed	51
4. AGENTS OF LEGAL CHANGE Requires Authentication Unlicensed Licensed	54
5. CONCLUSIONS Requires Authentication Unlicensed Licensed	72
4. The Family and the State
1. INTRODUCTION Requires Authentication Unlicensed Licensed	75
2. THE FAMILY AND THE STATE Requires Authentication Unlicensed Licensed	77
3. THE ROMAN FAMILY Requires Authentication Unlicensed Licensed	82
4. PATERNAL AUTHORITY Requires Authentication Unlicensed Licensed	83
5. KINSHIP Requires Authentication Unlicensed Licensed	86
6. SLAVERY Requires Authentication Unlicensed Licensed	89
7. THE PATRIARCHY CONTROVERSY Requires Authentication Unlicensed Licensed	92
8. CONCLUSIONS Requires Authentication Unlicensed Licensed	96
5. Freedom of Testation and the Family
1. INTRODUCTION Requires Authentication Unlicensed Licensed	97
2. SUPERFICIAL SIMILARITIES Requires Authentication Unlicensed Licensed	98
3. THE IMPORTANCE OF HISTORICAL CONTEXT Requires Authentication Unlicensed Licensed	101
4. FREEDOM OF TESTATION Requires Authentication Unlicensed Licensed	108
5. PRIMOGENITURE Requires Authentication Unlicensed Licensed	111
6. CONCLUSIONS Requires Authentication Unlicensed Licensed	113
6. The Origins of Property, its Acquisition and Protection
1. INTRODUCTION Requires Authentication Unlicensed Licensed	115
2. OCCUPANCY Requires Authentication Unlicensed Licensed	117
3. COMMON PROPERTY Requires Authentication Unlicensed Licensed	127
4. THE ALIENATION OF PROPERTY Requires Authentication Unlicensed Licensed	131
5. CONCLUSIONS Requires Authentication Unlicensed Licensed	134
7. The Individual and the State: Contract, Delict and Crime
1. INTRODUCTION Requires Authentication Unlicensed Licensed	137
2. CONTRACT Requires Authentication Unlicensed Licensed	138
3. DELICT AND CRIME Requires Authentication Unlicensed Licensed	147
4. CONCLUSIONS Requires Authentication Unlicensed Licensed	156
Conclusions Requires Authentication Unlicensed Licensed	157
Bibliography Requires Authentication Unlicensed Licensed	165
Index Requires Authentication Unlicensed Licensed	183

Publishing information

Pages and Images/Illustrations in book

eBook published on:

September 12, 2025

eBook ISBN:

9781399550642

Pages and Images/Illustrations in book

Main content:

200

https://doi.org/10.1515/9781399550642

eBook ISBN: 9781399550642

Keywords for this book

Legal history; Roman law; jurisprudence; intellectual history; comparative law; Victorian humanism; English law; history of ideas; Henry Maine; Ancient Law; Nineteenth-Century English Law; Victorian Britain; Historical Jurisprudence; Henry Sumner Maine

Audience(s) for this book

For universities and colleges of further and higher education

Henry Maine’s Ancient Law as an Expression of Victorian Humanism

Overview

About this book

Topics

Table of contents

Bibliographic data