Question

Whose name is associated with Historic Comparative Method

• A. Roscoe Pound
• B. Jeremy Bentham
• C. Henry Maine
• D. Thomas Aquinas

Hint:

Whenever you see "Status to Contract" or "Comparative Historical study of ancient laws," associate it with Sir Henry Maine.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify the jurist whose name is associated with the "Historic Comparative Method" of studying law.

Step 2: Key Concepts and Approach:
The Historical School of Jurisprudence has different branches.
We need to identify the jurist who used comparative studies of different ancient legal systems (like Roman, Hindu, and English law) to trace the historical evolution of legal institutions.

Step 3: Detailed Explanation:

• Sir Henry Maine: Maine is the pioneer of the historical-comparative method in English jurisprudence.

• Comparative Approach: Unlike Savigny, who focused primarily on Roman and German law, Maine studied and compared a wide range of early legal systems, including Hindu, Roman, Celtic, and Anglo-Saxon law.

• Stages of Development: Maine identified universal stages through which progressive societies pass. He famously stated that "the movement of the progressive societies has hitherto been a movement from Status to Contract."

• Evolutionary Legal Theory: His comparative analysis showed how legal concepts like property, contract, and crime evolved systematically over time.

Step 4: Final Answer:
The name associated with the Historic Comparative Method is Sir Henry Maine. Hence, Option C is the correct answer.