E-Book Overview
Sir Henry Maine died in 1888 and since then his ideas have been used by lawyers, historians, sociologists and many others. This is the first book to concentrate upon what he said about the law itself, and, as such, it explores the pioneering work Maine did in explaining law not by reference to abstract analysis but by placing it firmly in its social and historical context. Instead of concentrating on concepts such as sovereignty he looked at the realities of law as it was practised by professionals and experienced by laymen. The result was a controversial achievement stressing the reforming duties of jurists and citizens at times of social change. This is neither a conventional biography nor an abstract analysis of Maine's thought, but a demonstration of the contemporary context and significance of his views.
E-Book Content
CAMBRIDGE STUDIES IN ENGLISH LEGAL HISTORY Edited by J. H. BAKER Fellow of St Catharine's College, Cambridge SIR HENRY MAINE A STUDY IN VICTORIAN JURISPRUDENCE Sir Henry Maine died in 1888 and since then his ideas have been used by lawyers, historians, sociologists and many others. This is the first book to concentrate upon what he said about the law itself, and, as such, it explores the pioneering work Maine did in explaining law not by reference to abstract analysis but by placing it firmly in its social and historical context. Instead of concentrating on concepts such as sovereignty he looked at the realities of law as it was practised by professionals and experienced by laymen. The result was a controversial achievement stressing the reforming duties of jurists and citizens at times of social change. This is neither a conventional biography nor an abstract analysis of Maine's thought, but a demonstration of the contemporary context and significance of his views. Although primarily a study of one man's ideas, it throws important new light on a number of controversial issues of the mid-Victorian period, not least the rise of the modern notion of English legal history. SIR HENRY MAINE A STUDY IN VICTORIAN JURISPRUDENCE R. C. J. COCKS The right of the University of Cambridge to print and sell all manner of books was granted by Henry Vlll in 1534. The University has printed and published continuously since 1584. CAMBRIDGE UNIVERSITY PRESS CAMBRIDGE NEW YORK NEW ROCHELLE MELBOURNE SYDNEY PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE The Pitt Building, Trumpington Street, Cambridge, United Kingdom CAMBRIDGE UNIVERSITY PRESS The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York NY 10011-4211, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Ruiz de Alarcon 13,28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa http://www.cambridge.org © Cambridge University Press 1988 This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 1988 First paperback edition 2004 A catalogue recordfor this book is available from the British Library Library of Congress Cataloguing in Publication data Cocks, Raymond. Sir Henry Maine: a study in Victorian jurisprudence, R. C. J. Cocks, p. cm. - (Cambridge studies in English legal history) Includes index. ISBN 0 52135343 2 hardback 1. Maine, Henry Sumner, Sir, 1882-1888. 2. Law - Great Britain History and criticism. 3. Jurisprudence - History. I. Title. II. Series. KD631.M28C63 1988 349.41-dcl9 [344.1] 88-10228 CIP ISBN 0 52135343 2 hardback ISBN 0 52152496 2 paperback CONTENTS Acknowledgments page vii INTRODUCTION Maine s ideas Maine's life I THE EARLY THOUGHTS ABOUT LAW Source