Village Communities in the East and West [Textbook Binding]

Henry S. Maine (Author)

Book Description

Publication Date: June 1981

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CONTENTS. Antiquity of Indian Customary Law—Traditional Law—Analysis of m Law—Indian Conceptions of Law—English Influence on Legal Conceptions—Unwilling Assumption of Sovereignty—Influence of Courts of Justice—Change in Nature of Usage— Growth of Conception of Right—Influence of English Law— Connection of Eastern and Western Custom—Von Maurer— The Teutonic Village-Community—The Arable Mark—English Theories of Land-Law—The Arable Mark in England—Shifting Sereralties—The Common Fields—Their Great Extent—Extract from Marshall—Scott on Udal Tenures—Commonly of Lauder— Peculiarities of Scottish Example—Vestiges of the Mark. LECTURE THE WESTERN vrLLAGE-COMMUNITT. I Have Affirmed the fact to be established as well as any fact of the kind can be, that there exist in India several—and it may even be said, many—considerable bodies of customary law, sufficiently alike to raise a strong presumption that they either had a common origin or sprang from a common social necessity, but sufficiently unlike to show that each of them must have followed its own course of development. There exists a series of writings which pretend to be a statement of these customs, but this series proves to include a part only of the whole body of usage ; it probably embodied from the first only one set of customary rules, and its form shows clearly that it must have had a separate and very distinct' history of its own. Few assertions respecting lapse of time and the past can safely be made of anything Indian ; but there can be no reasonable doubt that all this customary law is of very great antiquity. I need scarcely point out to you that such facts as these have a v J TRADITIONAL LAW. user. m bearing on more than one historical problem. If, for example, I am asked whether it is possible that, wh...

--This text refers to the Paperback edition.

Product Details

• Textbook Binding
• Publisher: Arden Library (June 1981)
• ISBN-10: 0849537983
• ISBN-13: 978-0849537981