There is no belief less warranted by actual experience, than that a democratic republic is, after the first and in the long-run, given to reforming l… - Henry James Sumner Maine

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There is no belief less warranted by actual experience, than that a democratic republic is, after the first and in the long-run, given to reforming legislation. As is well known to scholars, the ancient republics hardly legislated at all; their democratic energy was expended upon war, diplomacy, and justice; but they put nearly insuperable obstacles in the way of a change of law. The Americans of the Umted States have hedged themselves round in exactly the same way.

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About Henry James Sumner Maine

Sir Henry James Sumner Maine (15 August 1822 – 3 February 1888) was a British comparative jurist, historian and political proto-progressive nonetheless famous for his varied objections to Whig history.

Also Known As

Alternative Names: Henry Sumner Maine Sir Henry Sumner Maine Sir Henry James Sumner Maine Sir Henry Maine

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[T]he extreme forms of government, Monarchy and Democracy, have a peculiarity which is absent from the more tempered political systems founded on compromise, Constitutional Kingship and Aristocracy. When they are first established in absolute completeness, they are highly destructive. There is a general, sometimes chaotic, upheaval, while the nouvelles couches are settling into their place in the transformed commonwealth.

We cannot give a reason, other than mere chance, why power over a wife should have retained the name of manus, why power over a child should have obtained another name, potestas, why power over slaves and inanimate property should in later times be called dominium. But, although the transformation of meanings be capricious, the process of specialisation is a permanent phenomenon, in the highest degree important and worthy of observation.

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Whether - and this is the last objection - the age of aristocracies be over, I cannot take upon myself to say. I have sometimes thought it one of the chief drawbacks on modern democracy that, while it gives birth to despotism with the greatest facility, it does not seem to be capable of producing aristocracy, though from that form of political and social ascendency all improvement has hitherto sprung.

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