LEGALST 103 Lecture Notes - Lecture 2: Ancient Law
4 Oct 2016
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Henry maines argument- status, ancient law ch. 5: you are born into a position and you are born into command, movement from status to contract, dismisses ideas about social contract and law of nature. When it is first recognized as a legal form: in ancient law the law only enforces a contract that is recognized in a specific form. You have to follow a prescribed form: this evolves over time that looks more and more like the modern form, the form you have to follow to make a bargain changes over time. Fixed roles by parties: form has been replaced as the key element by mental engagement- meeting of minds, contract seen as a mental engagement.
