Ancient Law cover

Ancient Law

Rating 4.3
Word count
177K words
Chapters
14
ISBN
9787100080187

Tags

Summary

This book explains some of the earliest concepts of humanity reflected in ancient law and points out the relationship between these concepts and modern thought.

Editor's review

Ancient Law is the representative work of Sir Henry Sumner Maine, the British legal historian and founder of the historical school of jurisprudence. Published in 1861, this work became a classic as soon as it appeared, and its influence has long extended beyond law into history, sociology, and even anthropology. The core thesis Maine sets out in the book—'the movement of the progressive societies has hitherto been a movement from Status to Contract'—has become one of the central paradigms for understanding social evolution. The book is not a dry catalogue of ancient legal provisions; rather, it uses them as a prism through which to examine the organizational structure, ideas, and logic of power in ancient societies. By comparing Roman law, Indian law, Germanic law, and other ancient legal sources, Maine reveals the long process by which law evolved from an original fusion with religion and custom to gradual differentiation, rationalization, and eventual codification. His rigorous empirical analysis and grand historical vision make the book both a history of legal evolution and a profound history of social thought. For modern readers, the value of reading Ancient Law lies in helping us understand the historical origins of many contemporary legal concepts, institutions, and even social relations (such as individual rights and conceptions of property), so that we may examine at a deeper level where our 'contractual society' came from and where it may be going. This Commercial Press edition is of high quality and is a reliable choice for studying this classic in the Chinese-speaking world.

Who it's for

A good fit for

  • Deep readers with a strong interest in law, history, or the history of social thought
  • Advanced undergraduates or graduate students in law, history, sociology, and related fields
  • Thinkers who wish to understand the historical roots of modern social institutions and ideas
  • Readers who appreciate rigorous scholarly argument and grand historical narrative

Not a good fit for

  • Readers seeking light stories or quick practical legal knowledge
  • Readers lacking patience for or grounding in theoretical and historical texts

Reading tips

  1. Read the introduction and first chapter first to grasp Maine's core questions and methodology.
  2. Relate the reading to specific historical contexts; do not try to understand every detail of ancient law at once—focus on grasping the logic of evolution.
  3. Use the proposition 'from status to contract' as a throughline and consider how it is embodied and argued in each chapter.

About the publisher

The Commercial Press China · Founded in 1897

The Commercial Press is a publisher known for classic works and academic publishing, with titles spanning Eastern philosophy, foreign literature, world history, social culture, and applied psychology. Its list includes classical commentaries such as Zhu Xi's Collected Commentaries on the Analects and Wang Bi's Commentary on the Zhouyi, as well as modern annotated translations like Zhuangzi with Modern Notes and Translation. In foreign literature it offers War and Peace and Crime and Punishment, while in world history it carries Braudel's The Mediterranean and the Mediterranean World in the Age of Philip II. Applied psychology is represented by Irvin D. Yalom's Existential Psychotherapy, and ethical texts include a Greek-Chinese-English edition of the Nicomachean Ethics. Its authors and translators include Zhu Xi, Wang Bi, Yalom, Braudel, and translators such as Huang Zheng, Zhang Yiling, Shen Dongyu, and Tang Jialong, balancing the editing of original texts with academic translation.

Contents

  1. 版权信息
  2. 汉译世界学术名著丛书(分科本)出版说明
  3. 序
  4. 导言
  5. 第一章 古代法典
  6. 第二章 法律拟制
  7. 第三章 自然法与衡平
  8. 第四章 自然法的现代史
  9. 第五章 原始社会与古代法
  10. 第六章 遗嘱继承的早期史
  11. 第七章 古今有关遗嘱与继承的各种思想
  12. 第八章 财产的早期史
  13. 第九章 契约的早期史
  14. 第十章 侵权和犯罪的早期史

FAQ

What is the book's Douban rating?
Ancient Law enjoys extremely high praise on Douban Books; multiple editions have composite ratings above 9.0, and it is widely recognized as an academic classic.
Can someone without a legal background understand this book?
It is challenging but not insurmountable. The book focuses more on historical and intellectual analysis than on specific legal provisions. With basic historical knowledge, logical thinking, and patience, ordinary readers can gain profound insights from it.
What are the features of this Commercial Press edition?
This is the most widely circulated and authoritative translation in the Chinese-speaking world. The translator, Mr. Shen Jingyi, produced an accurate and fluent translation, and the appendices and notes aid understanding, making it the preferred edition for study and reading.

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About the author

梅因 Author

Maine is an author in the field of law, but public information about this author is limited. The available records only confirm that the representative work Ancient Law is classified as a legal work. From the title Ancient Law, readers may infer that the writing focuses on the examination and discussion of ancient legal systems. As for the book's background, specific editions, scope of discussion, and academic reception, the database contains no further verifiable details. An introduction to Maine should therefore not elaborate on biographical details but should state honestly that information is insufficient and concentrate on the work itself: under the title Ancient Law, it belongs to the subject of law and is suitable for readers interested in legal history and the evolution of institutions to consult the original text and related research materials. In the absence of information such as dates of birth and death, nationality, and educational background, this introduction offers only a cautious factual account and does not supply any unconfirmed personal experience.

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