Author: Henry Maine,Henry Sumner Maine, Sir
Publisher: Cosimo, Inc.
This treatise on the study of early municipal institutions, first published in 1861, has been likened, in its influence and importance, to Darwin's Origin of Species. With this slim volume, Maine, one of the most brilliant classical sc Through an intense focus on the contribution of Roman code to modern jurisprudence, Maine explores early ideas about property, wills, contracts, and crime. This is a pioneering work of legal history, one that has had an immeasurable effect not only on English lawyer and historian SIR HENRY JAMES SUMNER MAINE (1822-1888) lectured on legal issues at Oxford and Cambridge and contributed to the codification of law in India. His works include Village Communities in the East and the West, The Early Histor Popular Government.
Its Connection with the Early History of Society, and Its Relation to Modern Ideas
Author: Henry Sumner Maine
Publisher: Cambridge University Press
This hugely influential book of 1861 remains a landmark work in the intellectual history of jurisprudence.
At the Edges
Author: Alan Watson
Publisher: University of Georgia Press
In Ancient Law and Modern Understanding Alan Watson proposes that ancient law is relevant and important for understanding history, theology, sociology, and literature. "Law, though technical," he writes, "is not remote from scholarship on other matters, and law is a central element in society." From Homeric Greece to present-day Armenia, Watson examines law's influence. Without a sensitivity to technical legal language, scholars of literature or history miss much: the use of puns in Plautus, Sulla's claim that Julius Caesar was descended from a slave, the relationship between the Synoptic Gospels. Legal history is an essential tool for understanding society, Watson argues, but it must be applied with knowledge of how law moves from one society to the next, legal reliance on authority, juristic concern with apparent trivia, and the impact on legal growth.
Volume 1: The Ancient Near East
Author: Elisabeth Meier Tetlow
Publisher: A&C Black
Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. Yet, in the ancient world customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men.
Its Connection with the Early History of Society , and Its Relation to Modern Ideas
Author: Henry Sumner Maine, Sir
Publisher: Hardpress Publishing
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Author: Dennis P. Kehoe,Thomas McGinn
Publisher: University of Michigan Press
An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds
The Balance Between Justice and a Legal System
Author: John Sassoon
Publisher: Intellect Books
John Sassoon’s study of the written laws of four thousand years ago puts paid to the belief that the most ancient laws were merely arbitrary and tyrannical. On the contrary, the earliest legal systems honestly tried to get to the truth, do justice to individuals, and preserve civil order. They used the death penalty surprisingly seldom, and then more because society had been threatened than an individual killed. Some of the surviving law codes are originals, others near-contemporary copies. Together they preserve a partial but vivid picture of life in the early cites. This occupies more than half the book. Comparison of ancient with modern principles occupies the remainder and is bound to be controversial; but it is important as well as fascinating. The first act of writing laws diminished the discretion of the judges and foretold a limit on individual justice. Some political principles such as uniformity of treatment or individual freedom have, when carried to extremes, produced crises in modern legal systems world wide. But it is tempting but wrong to blame the judges or the lawyers for doing what society require of them.
The Need for Inclusive Biblical Interpretation
Author: Cheryl Anderson
Publisher: Oxford University Press
The Ten Commandments condone slavery, and Deuteronomy 22 deems the rape of an unmarried woman to injure her father rather than the woman herself. While many Christians ignore most Old Testament laws as obsolete or irrelevant-with others picking and choosing among them in support of specific political and social agendas-it remains a basic tenet of Christian doctrine that the faith is contained in both the Old and the New Testament. If the law is ignored, an important aspect of the faith tradition is denied. In Ancient Laws and Contemporary Controversies, Cheryl B. Anderson tackles this problem head on, attempting to answer the question whether the laws of the Old Testament are authoritative for Christians today. The issue is crucial: some Christians actually believe that the New Testament abolishes the law, or that the Protestant reformers Luther, Calvin, and Wesley rejected the law. Acknowledging the deeply problematic nature of some Old Testament law (especially as it applies to women, the poor, and homosexuals), Anderson finds that contemporary controversies are the result of such groups now expressing their own realities and faith perspectives. Anderson suggests that we approach biblical law in much the same way that we approach the U.S. Constitution. While the nation's founding fathers-all privileged white men-did not have the poor, women, or people of color in mind when they referred in its preamble to "We the people." Subsequently, the Constitution has evolved through amendment and interpretation to include those who were initially excluded. Although it is impossible to amend the biblical texts themselves, the way in which they are interpreted can-and should-change. With previous scholarship grounded in the Old Testament as well as critical, legal, and feminist theory, Anderson is uniquely qualified to apply insights from contemporary law to the interpretive history of biblical law, and to draw out their implications for issues of gender, class, and race/ethnicity. In so doing, she lays the groundwork for an inclusive mode of biblical interpretation.
Author: Henry Sumner Maine, Sir
Publisher: Createspace Independent Pub
I need hardly say that the publication of the Twelve Tables is not the earliest point at which we can take up the history of law. The ancient Roman code belongs to a class of which almost every civilised nation in the world can show a sample, and which, so far as the Roman and Hellenic worlds were concerned, were largely diffused over them at epochs not widely distant from one another. They appeared under exceedingly similar circumstances, and were produced, to our knowledge, by very similar causes. Unquestionably, many jural phenomena lie behind these codes and preceded them in point of time. Not a few documentary records exist which profess to give us information concerning the early phenomena of law; but, until philology has effected a complete analysis of the Sanskrit literature, our best sources of knowledge are undoubtedly the Greek Homeric poems, considered of course not as a history of actual occurrences, but as a description, not wholly idealised, of a state of society known to the writer. However the fancy of the poet may have exaggerated certain features of the heroic age, the prowess of warriors and the potency of gods, there is no reason to believe that it has tampered with moral or metaphysical conceptions which were not yet the subjects of conscious observation; and in this respect the Homeric literature is far more trustworthy than those relatively later documents which pretend to give an account of times similarly early, but which were compiled under philosophical or theological influences. If by any means we can determine the early forms of jural conceptions, they will be invaluable to us. These rudimentary ideas are to the jurist what the primary crusts of the earth are to the geologist. They contain, potentially, all the forms in which law has subsequently exhibited itself. The haste or the prejudice which has generally refused them all but the most superficial examination, must bear the blame of the unsatisfactory condition in which we find the science of jurisprudence. The inquiries of the jurist are in truth prosecuted much as inquiry in physics and physiology was prosecuted before observation had taken the place of assumption. Theories, plausible and comprehensive, but absolutely unverified, such as the Law of Nature or the Social Compact, enjoy a universal preference over sober research into the primitive history of society and law; and they obscure the truth not only by diverting attention from the only quarter in which it can be found, but by that most real and most important influence which, when once entertained and believed in, they are enabled to exercise on the later stages of jurisprudence.