HENRY MAINE's contribution to comparative law and jurisprudence is the famous proposition:
A'from STATUS to CONTRACT' — progressive societies have moved from a regime where individuals' relationships are determined by social STATUS (caste, family, feudal) to one where they are determined by CONSENSUAL CONTRACTS
Bfrom regulation to deregulation (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861))
Cfrom monarchy to democracy (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861))
Dfrom law to anarchy (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861)) (cf. Henry Maine, 'Ancient Law' (1861))
Answer & Solution
Correct answer: A. 'from STATUS to CONTRACT' — progressive societies have moved from a regime where individuals' relationships are determined by social STATUS (caste, family, feudal) to one where they are determined by CONSENSUAL CONTRACTS
1. SIR HENRY SUMNER MAINE (1822-1888), Anglo-Indian jurist, contributed foundational work in comparative law and legal history.
2. WORKS: 'Ancient Law' (1861), 'Lectures on the Early History of Institutions' (1875), 'Village Communities in the East and West' (1871).
3. KEY THESIS: 'The MOVEMENT OF THE PROGRESSIVE SOCIETIES has hitherto been a MOVEMENT FROM STATUS TO CONTRACT.'
4. STATUS societies: relationships determined by social position (family, caste, feudal hierarchy, age).
5. CONTRACT societies: relationships determined by consensual agreements between free individuals.
6. Maine studied ancient and Indian legal systems (he was Law Member of Viceroy's Council in India, 1862-69).
7. Maine's contributions: HISTORICAL JURISPRUDENCE; comparative legal anthropology; village communities as living examples of ancient legal forms.
8. CRITICISM: Maine's 'progressive societies' was Eurocentric; modern scholars question the rigid status-contract dichotomy.
9. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Henry Maine, 'Ancient Law' (1861)_
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