What is Maine's theory of transition from status to contract?

Answer 1

Sir Henry Summer Maine was a great Jurist Philosopher born in England in the 19th Century. He wrote a Classical Book "The Ancient Law" in 1861 which traced the historical evolution of law from Romans to Hindu to the Modern Law. His classical work is considered equivalent to the "The Origin of Species" by Charles Darwin.

Sir Maine was of the view that human societies have always been based on certain values, principles and cultures. Based on those values, principles and cultures, laws have been derived. The societies have been slow to change these values and principles so the laws also do not change. This stage of status-quo has been termed as "status" in his famous statement.

The contracts on the other hand, according to Sir Maine, have been volunteer dispensations. The parties to the contract have always been wanting to contract on their terms whether or not they have been sanctified by the contemporary law. (For example, people will like to bet on the outcome of a football match or a cricket match, no matter whether such betting is legal or illegal). However, humans have always found that their hands have been tied in so far as contracting terms are concerned and there have always been a desire to change the laws so as to facilitate the contracts of the will. Lasez Faire was such a doctrine which championed least interference of the State in the lives of the individual and that the will of the individual is supreme.

Over the time, many societies have been inclined to change whereas many did not. Sir Maine was of the opinion that those societies which were basically inclined to change from status-quo to contract have progressed more than those societies which have been reluctant to change in this regard.

Thus sums up his classical statement, "the movement of progressive societies have ,hitherto, been from status to contracts".