So great is the ascendancy of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually s… - Henry James Sumner Maine

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So great is the ascendancy of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only see the law through the envelope of its technical forms.

English
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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 Constitutions and the legal systems of the several North American States, and of the United States, would be wholly unintelligible to anybody who did not know that the ancestors of the Anglo-Americans had once lived under a King, himself the representative of older Kings infinitely more autocratic, and who had not observed that throughout these bodies of law and plans of government the People had simply been put into the King's seat, occasionally filling it with some awkwardness. The advanced Radical politician of our day would seem to have an impression that Democracy differs from Monarchy in essence. There can be no grosser mistake than this, and none more fertile of further delusions.

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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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