a critical study on the contributions of sir henry maine
A CRITICAL STUDY ON THE
CONTRIBUTIONS OF
SIR HENRY MAINE
PAPER PRESENTATION BY
SIDHARTHAN T.K.
SUBMITTED TO
Dr. BALIKA
1
INDEX
Sl.No
CONTENTS
Page
No.
1
Introduction to Historical Jurisprudence
3-4
2
Four stages of development of Law
3
Anthropological approach
4
Sir Henry Maine
8
5
Maine’s views on development of Law
9
6
Law’s development through Legal fiction, Equity and
Legislation
7
Movement of progressive societies from
‘Status to Contract’
12
8
Reversal Trend from ‘contract to status’
12-14
9
Maine’s contributions to Historical jurisprudence
14
10
Distinction between Historical jurisprudence and Legal history 15
11
Conclusion
5
6-7
10-11
16-18
Bibliography
2
INTRODUCTION TO HISTORICAL SCHOOL OF
JURISPRUDENCE
The term “Historical Jurisprudence” is usually associated with the particular movement in legal thought of which Savigny is the most famous exponent. That movement represents, however, but one particular aspect of the association into which law and history may enter.
There is at least one other major movement in legal theory which is based upon an interpretation of the meaning of history in relation to law.
Whereas Savigny and his followers invoke history in the name of tradition, custom and nation against the belief in conscious and rational law making, the second movement, which one might call philosophical histories, develops a definite legal philosophy from the evolution of history.1 The exponents of the historical school of jurisprudence take social institution in their sequence with primacy to primitive legal institutions of society. Thus the school does not attach importance to relation of law to the state but gives primacy to the social institutions in which the law develops itself. While the analytical school pre-supposes the existence of a well developed legal system, the historical school
CONTRIBUTIONS OF
SIR HENRY MAINE
PAPER PRESENTATION BY
SIDHARTHAN T.K.
SUBMITTED TO
Dr. BALIKA
1
INDEX
Sl.No
CONTENTS
Page
No.
1
Introduction to Historical Jurisprudence
3-4
2
Four stages of development of Law
3
Anthropological approach
4
Sir Henry Maine
8
5
Maine’s views on development of Law
9
6
Law’s development through Legal fiction, Equity and
Legislation
7
Movement of progressive societies from
‘Status to Contract’
12
8
Reversal Trend from ‘contract to status’
12-14
9
Maine’s contributions to Historical jurisprudence
14
10
Distinction between Historical jurisprudence and Legal history 15
11
Conclusion
5
6-7
10-11
16-18
Bibliography
2
INTRODUCTION TO HISTORICAL SCHOOL OF
JURISPRUDENCE
The term “Historical Jurisprudence” is usually associated with the particular movement in legal thought of which Savigny is the most famous exponent. That movement represents, however, but one particular aspect of the association into which law and history may enter.
There is at least one other major movement in legal theory which is based upon an interpretation of the meaning of history in relation to law.
Whereas Savigny and his followers invoke history in the name of tradition, custom and nation against the belief in conscious and rational law making, the second movement, which one might call philosophical histories, develops a definite legal philosophy from the evolution of history.1 The exponents of the historical school of jurisprudence take social institution in their sequence with primacy to primitive legal institutions of society. Thus the school does not attach importance to relation of law to the state but gives primacy to the social institutions in which the law develops itself. While the analytical school pre-supposes the existence of a well developed legal system, the historical school
Bibliography: According to Sir Henry Maine, Montesquieu (1689-1755) was the first jurist who adopted historical method of pursuing the study of legal