| George W. Stocking - 1984 - 251 頁
...Maine concluded his most famous passage with a statement expressing the social judgment of his age: "the movement of progressive societies has hitherto been a movement from status to contract" (1861:100). Maine used the word "status" to refer to precisely the kind of kinshipbased society Filmer... | |
| Sally Humphreys - 1985 - 232 頁
...individuals. (99.) If Status is used to refer to rights derived originally from the patriarchal family, then "the movement of progressive societies has hitherto been a movement from Status to Contract. (100.) The free contracting individuals whom Rousseau had situated at the first stages of social development... | |
| William P. LaPiana - 1994 - 265 頁
...many readers only one phrase in the entire work was important: "We may say that the movement of the progressive societies has hitherto been a movement from Status to Contract" [italics in original]. J2 Although as Frederick Pollock noted "it is not clear how far Maine regarded the movement of which... | |
| Academie De Droit International de la Haye - 1997 - 436 頁
...1974, pp. 5-21, at p. 16, quoting a celebrated phrase by Sir Henry Sumner Maine : "[W]e may say that the movement of progressive societies has hitherto been a movement from status to contract" (Maine, Ancient Law (Routledge, ed.), 1905, p. 139; (Pollock, ed.), 1906, p. 170). 306. Cf. W. Friedman,... | |
| Laura Nader - 1997 - 468 頁
...applying the term to such conditions as are the immediate or remote result of agreement, we may say that the movement of progressive societies has hitherto been a movement from Status to Contract." (By "Family," in this quotation, Maine meant a Roman "familia," or what we would call an extended family... | |
| Thomas R. Metcalf - 1997 - 264 頁
...PAST Maine is most widely remembered for his striking, aphoristic statement in Ancient Law (1861) that 'the movement of progressive societies has hitherto been a movement from Status to Contract'. In his Rede lecture he reiterated his conviction that civilization was 'nothing more than a name for... | |
| Edward Craig - 1998 - 890 頁
...of procedural rules over substantive rules in early law; and especially his famous generalization: 'the movement of progressive societies has hitherto been a movement from Status to Contract' (Maine 1861: 170). Maine's work fitted the mood of the age of biological evolution, produced by Darwin's... | |
| Peter Stein - 1999 - 152 頁
...power all disappeared, to be replaced by the free agreement of individuals. Thus, concluded Maine, 'the movement of progressive societies has hitherto been a movement from Status to Contract' (ch. 5). Austin had generalised the particular institutions of Roman law and now Maine generalised... | |
| Henry James Sumner Maine - 2000 - 260 頁
...which he was legally bound—an historical process which Maine sums up in his famous aphorism that the movement of progressive societies has hitherto been a movement from Status to Contract. In the chapters on the early history of Wills, Property, and Contract, Maine supports his theory by... | |
| June Carbone - 2000 - 372 頁
...gradual dissolution of family dependency, and the growth of individual obligation in its place. . . . [T]he movement of progressive societies has hitherto been a movement from Status to Contract.12 While Maine continues to be among the most quoted historians of his time, modern scholars... | |
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