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 […]

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 […]