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Ancient Law

Sir Henry Sumner Maine

85 ratings
Ancient Law | Sir Henry Sumner Maine

Ancient Law

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ultimately brought to office were those which he had acquired in the practice and study of his profession. An English Chancellor goes through precisely the same training, and carries to the woolsack the same qualifications. It is certain when he assumes office that he will have, to some extent, modified the law before he leaves it; but until he has quitted his seat, and the series of his decisions in the Law Reports has been completed, we cannot discover how far he has elucidated or added to the principles which his predecessors bequeathed to him. The influence of the Prætor on Roman jurisprudence differed only in respect of the period at which its amount was ascertained. As was before stated, he was in office but for a year, and his decisions rendered during his year, though of course irreversible as regarded the litigants, were of no ulterior value. The most natural moment for declaring the changes he proposed to effect occurred therefore at his entrance on the prætorship, and hence, when commencing his duties, he did openly and avowedly that which in the end his English representative does insensibly and sometimes unconsciously. The checks on this apparent liberty are precisely those imposed on an English judge. Theoretically there seems to be hardly any limit to the powers of either of them, but practically the Roman Prætor, no less than the English Chancellor, was kept within the narrowest bounds by the prepossessions imbibed from early training and by the strong restraints of professional opinion, restraints of which the stringency can only be appreciated by those who have personally experienced them. It may be added that the lines within which movement is permitted, and beyond which there is to be no travelling, were chalked with as much distinctness in the one case as in the other. In England the judge follows the analogies of reported decisions on insulated groups of facts. At Rome, as the intervention of t
Daniel 06/11/2022
Even though this is a historically important book as the author was one of the first people to really examine the topic, and compared to other thinkers of his time would have been pretty revolutionary, i feel that to a modern reader they would be better off reading a newer book with all our newer kn
Donald 03/02/2020
Sir Pollock's notes are indispensable and extremely valuable for they clarify many confusions in Sir Maine's text, especially those regarding natural law. Do not miss it. For instance, Maine overlooks the influence of Aristotelian tradition to natural law theory and Pollock correctly points it out.
Colm 04/21/2016
Possibly the best researched book I've ever read which also makes for compelling reading. Maine turns an obscure subject, the development of ancient Roman law (and in particular the role of fictitious constructs within this jurisprudence) into a fascinating and thoughtful dialogue. Many of the topic
Hawks 06/06/2015
I'll check back to rate this again

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