Response paper

Yes, I agree with the Henry Maine’s concept of progressive society as he was of the
thought that If certain changes are desired in the law, they have to be effected
deliberately with the conscious desire of development. The societies which continue
development of law in this manner are called progressive societies. Slowly the
growth of the individual obligations started in the progressive society. Therefore,
this led to the disintegration in family system and emergence of contractual
relationship between the individual. Now, the individual member of the family has
the right to take the final decision without depending upon the head man of the
family. Previously, the individual member of the family had no individual existence
for e.g., wife, son, servant,etc. And they have to follow the command of the person
who is considered as a highest authority or the head man of the family because of
the status given to him. The existence of this concept of status is may be because of
the kinship therefore, everyone has to follow the command of the head man.
Similarly, the servants and slaves of the family had no right in the early law. Because
of the doctrine of the individual freedom the slaves were freed from their master’s
bondage and now they have their own individual rights and obligations like any other
person. Later on, he explained about the concept of female rights in the society, all
the relations a female have except from her husband is because of the marriage all
relations she formed is contract. In Indian society, also the emancipation of women’s
from the domination of men’s freedom available to the individual in all aspects of
life and improvement on the condition of the labors and workers etc. Evidence that
there has been shift of emphasis from status to contract in the modern times. Because
of this contractual relationship there is an obligation of which binds parents and child
together and the contract gives it legal validity. Like in Indian society also , the child
is obliged to follow the command of their parent as they are unable to decide on their
own.There are few people in the society who does not have the individual rights in
the society they are children or the orphan who is under the guardianship or the
lunatic person, they have to follow the command of the head man of the family or
the guardian. Many jurists also have the same ideology on this concept of extrinsic
control and it is right also because this class of people are not able to decide the
things in their own interest. Therefore, the movement of the progressive society
from status to contract is because of the existence of the individual rights and
obligations and its withered away the concept of status and the command given by
the head man of the family which all the members of the family followed because of
the status given to him. Now, the society moved to individual rights and have the
right of free negotiations between persons.