Henry James Sumner Maine Quotes
The Roman Code was merely an enunciation in words of the existing customs of the Roman people.
Maine, Henry Sumner. Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas. John Murray, 1861, p. 14.
He had visited the House of Commons. The “problems” resulted from the fact that the English had to make their own laws rather than have them provided by God as in Islamic legal systems—Sharia.
Sir Henry James Sumner Maine, KCSI, was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book Ancient Law that law and society developed "from status to contract." According to the thesis, in the ancient world individuals were tightly bound by status to traditional groups, while in the modern one, in which individuals are viewed as autonomous agents, they are free to make contracts and form associations with whomever they choose. Because of this thesis, Maine can be seen as one of the forefathers of modern legal anthropology, legal history and sociology of law.