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

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

Author: Paul J. du Plessis
Publisher: Edinburgh University Press
ISBN: 9781399550628
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

RM537.03

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Description
Contents

Details

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.

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