Sir Henry Maine et le droit comparé

Hamza, Gábor (2005) Sir Henry Maine et le droit comparé. Acta Antiqua, 45 (2-3). pp. 193-206. ISSN 0044-5975

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Abstract

In the introductory part of his study the author deals with the main features of the comparative law related research during the first decades of the 19th century. He analyzes the various trends, the representatives of which deal with comparative law related research in this period. France can in particular be viewed as center of comparative law related research during the first half of the 19th century. The birth of comparative law in England is strongly linked with the Ancient Law of Sir Henry Sumner Maine published in 1861. Maine is the first in England to be endowed “ad personam” with the Chair of Comparative Law in Oxford in order to teach legal history and comparative law. It is undoubtedly the Roman law that stood in the focus of interest of Maine serving as basis to carry out comparative legal studies. That approach is in particular manifested in Ancient Law as Maine attributes paradigmatic significance to the various institutions of Roman law. The author of the paper draws in particular a comparison between Maine and Bachofen as far as their approach relating to the basis of comparison is concerned. The special role that Roman law, i.e. Civil law, played in the development of English law during the centuries is also underlined in this study. In the last part of his paper the author emphasizes the contemporary significance of Ancient Law for the comparative law related research.

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