Ancient Law

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Ancient Law ( dt. The old law ) is the main work of Henry Sumner Maine (1822-1888). It was first published in London in 1861 by John Murray in octave format . During the author's lifetime, the book saw twelve editions. The twelfth edition was published in 1888, a new edition with notes by Frederick Pollock was published in Octavo in 1906.

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Maine describes the development of the human community into a society ( "from status to contract" ) based on Roman law , in particular the ius gentium , whose system gave everyone the same legal subjectivity independent of family relationships and was therefore "suitable for a world society".

Lectures given by Maine at the Inns of Court formed the basis of Ancient Law . Their subject was, as stated in the preface:

"" To indicate some of the earliest ideas of mankind, as they are reflected in ancient law, and to point out the relation of those ideas to modern thought. / To some of the earliest ideas of mankind, as they are reflected in ancient law, and to point out the relationship between these ideas and modern thinking "."

Ancient Law chapter headings include: 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; the early history of contracts; The early history of delect and crime.

His performance has been summarized as follows:

"Maine's insights into the history of succession, property, contract, and other legal institutions has offered many generations of anthropologists and legal historians solid footing in the historical aspects of kinship, legal formalism, and collective identity."

The continuation of Maine's Lectures on the Early History of Institutions on historical jurisprudence applies .

Maine's work was received in Germany primarily by Ferdinand Tönnies in the publication Community and Society through the translation of essential passages.

literature

expenditure

  • Ancient Law: Its Connection With the Early History of Society, and Its Relation to Modern Ideas . London, John Murray 1861
  • Ancient Law (1861; new edition by Sir Frederick Pollock 1906; reprint 1930; ( online )).
  • Maine, Henry Summer: Ancient Law. Its connection with the early history of society and its relation to modern ideas. Introduction and Notes by Frederick Pollock. Preface to the Beacon Paperback edition by Raymond Firth . - First published 1861. Boston: Beacon Press., 1963 (Beacon Series in Classics of the Law).
  • The old law: its connection with the early history of society and its relation to modern ideas. ( Ancient law , German) Ed. And transl. by Heiko Dahle. Baden-Baden: Nomos-Verl.-Ges. 1997; ISBN 3-7890-4774-0 Publisher's text

Secondary literature

  • Frederick Pollock: Sir Henry Maine and his Work. In: Oxford Lectures. 1890, p. 147 ff. Digitized

Web links

Wikisource: Henry Sumner Maine: Ancient Law  - Sources and Full Texts

Individual evidence

  1. ^ Henry Maine: Ancient Law, Its Connection with the Early History of Society, and Its Relation to Modern Ideas , 1st edition, John Murray, London 1861.
  2. ↑ The first American edition was published in 1864, with an introduction by Theodore William Dwight. See Henry Maine: Ancient Law, Its Connection with the Early History of Society, and Its Relation to Modern Ideas , First American from the Second London. Edition, Charles Scribner, New York 1864.
  3. ^ Henry Maine: Ancient Law, Its Connection with the Early History of Society, and Its Relation to Modern Ideas , 12th Edition, John Murray, London 1888.
  4. ^ W. Harold Maxwell and Leslie F Maxwell: A Legal Bibliography of the British Commonwealth of Nations . Second edition. Sweet & Maxwell. London. 1955. Volume 1. Page 612.
  5. ↑ See also Henry Maine: Ancient Law, Its Connection with the Early History of Society, and Its Relation to Modern Ideas; with an Introduction and Notes by Frederick Pollock . John Murray, London 1920.
  6. ↑ Frederick Pollock's Notes have also been published as a separate book. See Frederick Pollock: Introduction and Notes to Sir Henry Maine's "Ancient Law" . John Murray, London 1914.
  7. ^ Henry Sumner Maine: From status to contract . Extract from "Ancient Law", 1861 (English). Website accessed September 16, 2019
  8. ↑ The old law: its connection with the early history of society and its relationship to modern ideas. ( Ancient law , German) Ed. And transl. by Heiko Dahle. Baden-Baden: Nomos-Verl.-Ges. 1997; ISBN 3-7890-4774-0 Publisher's text
  9. ↑ Preface to the first edition
  10. ↑ Ad Infinitum Books (Mount Vernon, NY, USA) - Antiquarian Book Catalog (accessed September 13, 2019)
  11. ^ New York: Henry Holt and Company, 1888. First American edition
  12. ^ “This important work is a sequel to Maine's highly influential Ancient Law (1861). It examines kinship, tribal society, early legal remedies and sovereignty, and develops the thesis, first articulated in Ancient Law, that law and society developed "from status to contract." This important argument established Maine's reputation as one of the forefathers of modern legal sociology. " ( ZVAB )
  13. ↑ Klaus F. Röhl : Legal Sociology-online Chapter 2 History of Legal Sociology, Section 3 Precursors, V. Maine: From Status Right to Contract Law, accessed on September 16, 2019