Sir Henry Sumner Maine’s Approach to the Development of the Modern Laws

Sir Henry Sumner Maine’s Approach to the Development of the Modern Laws

In my previous article, I mentioned that Sir Henry Sumner Maine argues that the tools and procedures of the primitive law constitute the baseline of the laws of today’s world and that he lays emphasis on the analysis of the intricacies of the primitive laws in order to better understand and effectively interpret the current […]

Ancient Law in the Transition from Family to State

Ancient Law in the Transition from Family to State

Sir Henry Sumner Maine is a British jurist who is renowned with his theory about the development of the laws which he discussed in his book “Ancient Law”. In his theory, Maine argues that the tools and procedures of the primitive law constitute the baseline of the laws of today’s world. Accordingly, he lays emphasis […]

Laws as an Overarching Concept

Laws as an Overarching Concept

When we talk about the laws, we mostly talk about a specific body of rules that is created and enacted by governments. Nevertheless, laws are not confined within this type of rules. Moral rules that we observe in our social lives are also laws influencing the flow of our lives to a great extent. We […]

Auguste Comte and the Source of Rights

Auguste Comte and the Source of Rights

Auguste Comte is considered to be the founder of sociology and had big impacts on the development of the law and the concept of the rights. Comte argues that “rights” cannot be subject to debate. They can be regarded as a privilege granted to the will of a being; a privilege that can also be […]

Aristotle, Law, Ethics, and Politics

Aristotle, Law, Ethics, and Politics

Ethics and politics were very essential components of Greek philosophy. Aristotle, too, founded his approach to philosophy on the basis of ethics and politics. Despite being described as two different things, ethics and politics share numerous elements and together help the society shape the law. Aristotle, in his analysis on ethics and politics tried to […]

Critical Legal Studies

Critical Legal Studies

Law is a traditional instrument. This traditionality is a two-folded aspect: (i) law has been a very influential phenomenon in human society for a long time, (ii) and the law is developed with the help of conventional beliefs and traditional values. Courts follow the previous decisions given by other courts in a particular subject, legislators […]

Is It Justice That We Are Looking For? – II

Is It Justice That We Are Looking For? – II

Thomas Hobbes argued that before the existence of government humans were living in chaos. He describes this in his famous book Leviathan as this: “In such condition, there is no place for industry; because the fruit thereof is uncertain; and consequently no culture of the earth, no navigation, nor use of the commodities that may […]