Forming Logic Of The Conclusion Of Maine "ANCIENT LAW"

"From Status to Contract", the classic theory has taken people’s attention since "Ancient Law" was published with both admirations and questions. Sir Henry Maine is the prime example of the late historical school of law. In "Ancient Law", he shows his unique charm of historical researches in the field of law for the first time. With a common rational tendency, the methodology can allow his historical law with both the empirical methodology of law and have both constructive and objective influences."From Status to Contract" is the use of this methodology. Without the unique methodology, it is impossible for Maine to reach the enduring conclusion of "From Status to Contract". However, it is also for this methodology makes that the conclusion still causes a great deal of dissention in the world. Therefore, this paper attempts to reveal the formation logic of "From Status to Contract", and points out that this logic can be formed with the methodology guarantees of Maine, then reflects on the methodology and eventually gets the "From Status to Contract", which can make the conclusion of "Ancient Law" to a more in-depth understanding. This article firstly expounds "From Status to Contract" is the "Ancient Law" conclusion and explains its meaning, and then discusses its form logical upon the arguments and conclusion about the relationship. Mainly based on "Ancient Law", we can supplement in "Lectures on the Early History of Institutions","Storia Del Diritto Romano" and other writings, describe the evolution of the Patria Potestas, property rights and citizenship thickly, pointing out that the logical relationship of the arguments and conclusion belong to inductive logic. As a formation of inductive logic is closely linked with Maine methodology, the author analyzes the role in the conclusion logical formed with methodology theoretical assumptions and historical law method. But it also needs Maine’s methodology guarantees, and then affects the validity of the conclusion. So, the author focuses on the theoretical assumptions of the Maine’s methodology and methodological basis at the end of this article. On the basis of the methodological critique and get the right re-understanding "from status to contract", discusses the limitations and significance.