Reprint of the original, first published in 1883.

This collection of essays provides insight into early law and custom, and the history of legal systems. Sir Henry Sumner Maine offers thoughtful and nuanced analysis of the origins of legal traditions, and how they have evolved over time. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Groundbreaking analysis of how colonialism created new conceptual categories and spatial forms that reshaped rural societies. This book examines how, over colonial times, the diverse practices and customs of an existing rural universe—with its many forms of livelihood—were reshaped to create a new agrarian world of settled farming. While focusing on Punjab, India, this pathbreaking analysis offers a broad argument about the workings of colonial power: the fantasy of imperialism, it says, is to make the universe afresh. Such radical change, Neeladri Bhattacharya shows, is as much conceptual as material. Agrarian colonization was a process of creating spaces that conformed to the demands of colonial rule. It entailed establishing a regime of categories—tenancies, tenures, properties, habitations—and a framework of laws that made the change possible. Agrarian colonization was in this sense a deep conquest. Colonialism, the book suggests, has the power to revisualize and reorder social relations and bonds of community. It alters the world radically, even when it seeks to preserve elements of the old. The changes it brings about are simultaneously cultural, discursive, legal, linguistic, spatial, social, and economic. Moving from intent to action, concepts to practices, legal enactments to court battles, official discourses to folklore, this book explores the conflicted and dialogic nature of a transformative process. By analyzing this great conquest, and the often silent ways in which it unfolds, the book asks every historian to rethink the practice of writing agrarian history and reflect on the larger issues of doing history. “The Great Agrarian Conquest is a subtle and substantial work of scholarship. If there is one book Indians need to read to understand how colonialism actually worked (or did not work), this is it.” — Ramachandra Guha, in The Wire, in praise of the Indian edition

The Poetical gazette; the official organ of the Poetry society and a review of poetical affairs, nos. 4-7 issued as supplements to the Academy, v. 79, Oct. 15, Nov. 5, Dec. 3 and 31, 1910

A demonstration of the contemporary context and significance of Maine's approach to the law.

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).