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Introduction and Notes to Sir Henry Maine's Ancient Law

Introduction and Notes to Sir Henry Maine's Ancient Law


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... uncertain to be safely handled on Montesquieu's grand scale. Perhaps he would have done better to confine himself to Vestern Europe. The main defects of his method may be reduced, 1 think, to two. First, he overrated the influence of climate and other external conditions, and underrated, if he did not wholly neglect, the effects of race and tradition. Next, he had not even an inkling of what is now a fundamental rule of this kind of enquiry: namely, that there is a normal course of development for communities as well as for individuals, and that institutions which belong to different stages are not commensurable terms in any scientific comparison. This is as much as to say that even Montesquieu could not wholly escape from the unhistorical dogmatism of his time. It is perhaps a minor drawback that he constantly seeks for reasons of deliberate policy to account for seemingly eccentric features of outlandish customs, rightly or wrongly reported by missionaries or others, instead of endeavouring to connect them with their historic and racial surroundings. But the result is that many chapters of his great work amount, taken by themselves, to little more than collections of anecdotes and conjectures in which the most incongruous elements, such as the customs of China and the laws of Spain, are brought together at random. Also Montesquieu is not free from the very common error, especially prevalent in the eighteenth century, of attributing a constant and infallible eflicacy to forms of government. In short, Montesquieu saw the promised land afar off, but was not equipped for entering it. I do not wish to be understood as affecting to find any fault with him. The greatness of Montesquieu's conception was his own, and the...


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Product Details
  • ISBN-13: 9781230862019
  • Publisher: Theclassics.Us
  • Publisher Imprint: Theclassics.Us
  • Height: 246 mm
  • No of Pages: 30
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 1230862013
  • Publisher Date: 12 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 73 gr

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