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Answer
The concept
of movement of society from status to contract is given by sir Henry Maine. In
explaining this statement, Maine said that in early times an individual’s
position in his social group remained fixed; it was imposed, conferred or
acquired. He just stepped into it. He accepted such fate as he found it. He
could do nothing about it.
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Later on,
however, there came a time when it was possible for an individual to determine
his own destiny through the instrumentality of contract. No longer was anything
imposed on him from external forces; he was now in charge: from slavery and serfdom,
from status determined at birth, from master-servant relationship to
employer-employee contract. The morale is that society moves from status to
contract. In ancient law, (status inheritance) was of the essence but in modern
society it is consideration (contract).
In
developing his progressive principle of status to contract, he was particularly
influenced by the family law of the later Roman Empire, though his theory of
the familial origins of society is based on the wider organisation of many ancient
communities.
One most
important limitation placed upon the doctrine is that made by Maine himself, in
which he cautiously restricts its application by the word “hitherto”, which
translates in English as “Until now”.
In a sense,
he himself seems to admit that the application of this statement is limited
till a certain period of time, and further progress of the society restricts
the applicability of this doctrine.
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