Professor Revisits Henry Maine's 'Ancient Law'
Professor Dricus du Plessis, Chair of Roman Law at the University of Edinburgh and a renowned legal historian, is delving into Henry Maine's seminal work, 'Ancient Law'. Du Plessis aims to re-evaluate this influential treatise, published in the late nineteenth century, exploring its structure, arguments, and Maine's intentions.
Maine's inspiration for 'Ancient Law' traces back to his classical scholarship training at Cambridge, influenced by the likes of Edward Gibbon and Georg Niebuhr. He adopted their methodologies and comparative references to develop his own unique approach. The book, a narrative engaging with critical geopolitical issues of its time, is structured in two parts. The first justifies focusing on ancient law and outlines Maine's complex method, primarily centring on Roman law's historical evolution. The second presents case studies testing his hypothesis.
'Ancient Law' has significantly shaped academic disciplines such as legal history, sociology of law, and legal anthropology. Du Plessis, drawn to the book by its expression of Victorian humanism, seeks to question what Maine intended when writing it. Maine suggests that a legal system develops internal mechanisms to respond to social change, using insights from Roman law to make broader points.
Henry Maine's 'Ancient Law' remains a cornerstone of legal scholarship, its influence extending to various academic disciplines. Professor du Plessis's upcoming analysis promises to shed new light on this influential treatise, revisiting its structure, arguments, and the intentions behind its creation.
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