From Status To Contract: An Analysis Of Henry Maine’s Social Evolutionary Theory
- IJLLR Journal
- Apr 26
- 1 min read
Khushi Sharma, Manav Rachna University
ABSTRACT
This research paper examines Sir Henry Maine’s influential theory of social evolution, which suggests that societies progress from being structured around “status” — fixed roles based on birth and kinship — to being governed by “contract,” where individual free will and legal equality become central. My core research question was: To what extent is Henry Maine’s theory of the movement from status to contract still relevant in the context of modern Indian society?
To address this, I undertook a qualitative and analytical method, combining doctrinal legal analysis with sociological critique. The paper explores historical examples from Roman and Indian legal traditions, critiques the continued presence of status-based discrimination in present-day India, and draws on key constitutional provisions and landmark Supreme Court judgments to evaluate the coexistence of status and contract in modern law.
In modern India, status and contract are not mutually exclusive — they often exist simultaneously, and status continues to shape opportunities, access to justice, and the ability to contract freely. This paper concludes that Maine’s theory must be reinterpreted in light of current socio-legal dynamics, especially in a society marked by caste, gender, digital capitalism, and economic disparity.
Keywords: Legal Evolution, Social Inequality, E-Contracts, Comparative Jurisprudence, Legal Modernization
