In Ancient Law, Sir Henry Maine explores the development of law and social structures while simultaneously examining historical findings and their implications. His famous claim, “the movement of the progressive societies has hitherto been a movement from Status to Contract” (Ancient Law, final sentence of Chapter 5), posits the stark contrast between law in the archaic world, which is based off “status” and law in modern world whose epicenter is “contract.” These differences aided in explaining what Maine considers modern. In order to understand progress, and Maine’s statement as a whole we must explore the ideas of “status” and “contract.”
Maine explains that ancient societies, like ancient Rome, were static because they were based on “status.” The concept of “status” suggests that individuals were assigned a fixed position within a patriarchy and that they represented their family as opposed to their personal identity. People …show more content…
Maine believes that the largest hit to the Patria Potestas came from Justinian who, “enacted that unless the acquisitions of the child were derived from the parent’s own property, the parent’s rights over them should not extend beyond enjoying their produce for the period of his life” (72). Ultimately, the Patria Potestas was essentially diminished and the father no longer had much possession over descendants. On a social level, identity was separate from the family less based on “status.” Looking at this context from a legal standpoint, we find that people had ownership of their own property. According to Maine’s principle of progress, this effect must have been caused by persons who switched to individual desires based on cognatic and agnatic conflicts with the law. It is best to focus our attention on agnatic conflicts in order to understand the movement toward the
Maine explains that ancient societies, like ancient Rome, were static because they were based on “status.” The concept of “status” suggests that individuals were assigned a fixed position within a patriarchy and that they represented their family as opposed to their personal identity. People …show more content…
Maine believes that the largest hit to the Patria Potestas came from Justinian who, “enacted that unless the acquisitions of the child were derived from the parent’s own property, the parent’s rights over them should not extend beyond enjoying their produce for the period of his life” (72). Ultimately, the Patria Potestas was essentially diminished and the father no longer had much possession over descendants. On a social level, identity was separate from the family less based on “status.” Looking at this context from a legal standpoint, we find that people had ownership of their own property. According to Maine’s principle of progress, this effect must have been caused by persons who switched to individual desires based on cognatic and agnatic conflicts with the law. It is best to focus our attention on agnatic conflicts in order to understand the movement toward the