"Today we are no longer concerned to argue that status necessarily precedes contract and recognize that the two notions are not incompatible in one and the same society. In Maine's work we can excise the genetic argument and still profit from the discussion that remains. This can be said of many writers of the period, but even this patronizing judgement is superseded by the recognition that Maine and his most able contemporaries allowed themselves to be guided, by such facts as were available, to combat the products of more speculative evolutionism. He saw, for example, nothing in his facts which could lead him to agree with the popular fantasy that all societies had evolved from a condition of sexual promiscuity through a matriarchal period to a condition of society laying its main emphasis upon descent through males."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
University of Cambridge facultyJuristsUniversity of Oxford facultyHistorians from ScotlandNon-fiction authors from Scotland
Original Language: English
Available Languages (1)
Sources
David Francis Pocock, Social Anthropology (1961), p. 24
https://en.wikiquote.org/wiki/Henry_James_Sumner_Maine
Revision History
No revisions have been submitted for this quote.
Categories
Henry James Sumner Maine
Sir Henry James Sumner Maine (15 August 1822 β 3 February 1888) was a British comparative jurist, historian and political proto-progressive nonetheless famous for his varied objections to Whig history.
44 quotes on TrueQuotesView all quotes by Henry James Sumner Maine β
Related Quotes
"The family was based, not upon actual relationship, but upon power, and the husband acquired over his wife the same dβ¦"
"We cannot give a reason, other than mere chance, why power over a wife should have retained the name of manus, why poβ¦"
"So great is the ascendancy of the Law of Actions in the infancy of Courts of Justice, that substantive law has at firβ¦"
"Nobody is at liberty to attack several property and to say at the same time that he values civilisation. The history β¦"
"Except the blind forces of Nature, nothing moves in this world which is not Greek in its origin."
"The new theory of Language has unquestionably produced a new theory of Race . . . If you examine the bases proposed fβ¦"
"Here then we have one great inherent infirmity of popular governments, an infirmity deducible from the principle of Hβ¦"
"So far indeed as the human race has experience, it is not by political societies in any way resembling those now callβ¦"
"[T]he Constitutions and the legal systems of the several North American States, and of the United States, would be whβ¦"
"The movement of the progressive societies has hitherto been a movement from Status to Contract."