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- Sales Rank: #3305296 in Books
- Brand: Brand: Univ of Arizona Pr
- Published on: 1986-09-01
- Original language: English
- Number of items: 1
- Dimensions: 8.50" h x 5.50" w x 1.00" l,
- Binding: Paperback
- 400 pages
- Used Book in Good Condition
Review
"Maine's work and theories were an important step on the way to better knowledge of the early human societies and as such are of considerable interest for modern readers, too."—Archiv Orientalni"Ancient Law has had a rich and enduring publishing history. . . . This edition should prove to be accessible to a new generation of students."—The Reprint Bulletin
About the Author
Maine was educated at Christ's Hospital and Pembroke College, Cambridge. In 1847 he was professor of civil law at Cambridge. In 1850, he was called to the Bar and he was a Member of the Indian Council for seven years.
Most helpful customer reviews
3 of 3 people found the following review helpful.
foundations of our legal system
By Nazani
First published in 1861. Contents include: Ancient codes; legal fictions; law of nature and equity; modern history of the law of nature; primitive society and ancient law; early historyof testamentary succession; ancient ideas respecting wills and succession; early history of property; early history of contract; early history of crime and delict. Besides Greece and Rome, Maine examines the laws of India and Teutonic codes.
2 of 2 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 naturâ æquales 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 naturâ æquales sunt." [All men are created equal] . . . . that these honorèd 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."
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