...born rich or poor, or one race, gender, religion, or class or another. As claimed by Sir Henry Maine, "the movement of the progressive societies has hitherto been a movement from Status to Contract."1 A valid contract is effectively a law created by the parties to the contract. This relationship...

...individuals by free agreement).9 As the nineteenth-century historian of law Sir Henry Maine stated: 'the movement of the progressive societies has hitherto been a movement from Status to Contract'.™ Max Weber described a similar transition from gemeinschaft to gesellschaft, that is, from a community...

...manifested in Roman law. This development also suggests the existence of "a law of progress" that holds that "the movement of the progressive societies has hitherto been a movement from Status to Contract." This law is not only of theoretical interest but has practical implications for the scientific treatment...

...land-tenure connects the situation we now find among tribes with Maine's century-old generalization that 'the movement of the progressive societies has hitherto been a movement from Status to Contract' (Ancient Law, conclusion of Chapter V, 'Primitive Societies and Ancient Law'). This generalization...

...the family. If then we employ status ... to signify these personal conditions . . . we may say that the movement of the progressive societies has hitherto been a movement from Status to Contract [emphasis in original]. Accordingly, Diamond (1978) and Maine (1889; 1897) concede that law and custom...

...2000, p. 175). For those familiar with Henry Sumner Maine's famous statement in his 'Ancient Law' that 'the movement of the progressive societies has hitherto been a movement from Status to Contract' (Maine 1986 [1864], p. 165, [emphasis in original]), the notion of a 'status contract' must appear...

...other thinkers in the Classical Liberal tradition argued for a minimalist role for the State. wrote "the movement of the progressive societies has hitherto been a movement from status to contract."16 The Capitalist Revolution On January 11, 1999 The Wall Street Journal published an important...

...applying the term to such conditions as are the immediate or remote result of agreement, we may say that the movement of the progressive societies has hitherto been a movement from Status to Contract (Maine, Arthur S.: Ancient Law. Its Connection With the Early History of Society, and Its Relation...

...distinguish contract from status was not simply mindless submission to Henry Maine's oft-quoted aphorism that "the movement of the progressive societies has hitherto been a movement from Status to Contract."6 Importantly, the shift to promise had internal effects on the concept of contract, but...

...applying the term to such conditions as are the immediate or remote result of agreement, we may say that the movement of the progressive societies has hitherto been a movement from Status to Contract. This claim has been vulnerable to misinterpretation. Too often readers assume that Maine was offering...