Rough Draft of Labour Law

THEORY OF STATUS TO CONTRACT WITH RESPECT TO
INDUSTRIAL SOCIETY
A RESEARCH PRAPOSAL SUBMITTED IN PARTIAL FULFILMENT OF THE

COURSE CRIMINAL LAW – II FOR THE REQUIRMENT OF THE DEGREE
B.B.A; LL. B. (HONS) DURING THE ACADEMIC SESSION 2020-21
SUBMITTED BY: -
GAURAV DEEP RAJAN
ROLL NO: 2018
SEMESTER: 3rd
SUBMITTED TO: -
MS. PALLAVI SHANKAR
(ASSISTANT PROFESSOR OF LAW)
FEBRUARY, 2020
CHANAKYA NATIONAL LAW UNIVERSITY

NAYAYA NAGAR, MITHAPUR, PATNA – 800001
INTRODUCTION
The word Status may be usefully employed to construct a formula expressing the law of
progress thus indicated, which, whatever be its value, seems to me to be sufficiently
ascertained. All the forms of Status taken notice of in the Law of Persons were derived from,
and to some extent are still coloured by, the powers and privileges anciently residing in the
Family. If then we employ Status, agreeably with the usage of the best writers, to signify
these personal conditions only, and avoid applying the term to such conditions as are the
immediate or remote result of agreement, we may say that the movement of the progressive
societies has hitherto been a movement from Status to Contract.

The movement of the progressive societies has been uniform in one respect. Through all its
course it has been distinguished by the gradual dissolution of family dependency and the
growth of individual obligation in its place. The Individual is steadily substituted for the
Family, as the unit of which civil laws take account. The advance has been accomplished at
varying rates of celerity, and there are societies not absolutely stationary in which the
collapse of the ancient organisation can only be perceived by careful study of the phenomena
they present. But, whatever its pace, the change has not been subject to reaction or recoil, and
apparent retardations will be found to have been occasioned through the absorption of archaic
ideas and customs from some entirely foreign source. Nor is it difficult to see what is the tie
between man and man which replaces by degrees those forms of reciprocity in rights and
duties which have their origin in the Family. It is Contract.
Starting, as from one terminus of history, from a condition of society in which all the
relations of Persons are summed up in the relations of Family, we seem to have steadily
moved towards a phase of social order in which all these relations arise from the free
agreement of Individuals. In Western Europe the progress achieved in this direction has been
considerable. Thus the status of the Slave has disappeared - it has been superseded by the
contractual relation of the servant to his mater. The status of the Female under Tutelage, if the
tutelage be understood of persons other than her husband, has also ceased to exist; from her
coming of age to her marriage all the relations she may form are relations of contract. So too
the status of the Son under Power has no true place in law of modern European societies. If
any civil obligation binds together the Parent and the child of full age, it is one to which only
contract gives its legal validity The apparent exceptions are exceptions of that stamp which
illustrate the rule. The child before years of discretion, the orphan under guardianship, the
adjudged lunatic, have all their capacities and incapacities regulated by the Law of Persons.
But why? The reason is differently expressed in the conventional language of different
systems, but in substance it is stated to the same effect by all. The great majority of Jurists are
constant to the principle that the classes of persons just mentioned are subject to extrinsic
control on the single ground that they do not possess the faculty of forming a judgment on
their own interests; in other words, that they are wanting in the first essential of an
engagement by Contract.
OBJECTIVES OF THE STUDY
The aim of the project is to present a detailed study of the “theory of status to contract with
respect to industrial society”.
HYPOTHESIS
To detailed study about movement from status to contract and then contract to status.
RESEARCH METHODOLOGY
The researcher shall follow the doctrinal research methodology to complete this study.
SOURCE OF DATA
Primary sources include ANCIENT LAW WRITTEN BY HENERY MAINE
Secondary sources include books, Articles, Websites etc.
LIMITATION OF THE STUDY

I am student then I cannot collect more than from book.
1. Money is one of the limitations since researcher is a student.
2. Time period given for the submission of final draft is not enough.
3. Another limitation is that research area is limited for the researcher to the college
campus.
SCOPE OF THE STUDY

The project entitled “theory of status to contract with respect to industrial society” has been
done at Patna as a completion part of the degree B.B.A; LL. B (hons) during the session
2018-23 program.
TENTETIVE CHAPTERISATION
1) Introduction
2) Laisse faire
3) Mater servant
4) Employer employee relationship
5) Collective bargaining
6) Case laws
7) Conclusion
BIBLIOGRAPHY
General rules
 Times New Roman, Size 10, 1 line spacing, Justified.
 Add full stop after every footnote.
 Months should be written in abbreviated forms: Jan., Feb., Mar., Apr., May, June, July,
Aug., Sept., Oct., Nov., Dec.
 Tables given at the end of the Bluebook should be referred to for abbreviated forms. Eg.
Abbreviations of geographical terms, periodicals, publishing terms etc.
Books
 Ancient law
Internet
 https://www.panarchy.org/maine/contract.html
 https://www.google.com/search?q=LAISSE+FAIRE&oq
 ………………………………………………………………………………….
Case
 ………………….

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THEORY OF STATUS TO CONTRACT WITH RESPECT TO

A RESEARCH PRAPOSAL SUBMITTED IN PARTIAL FULFILMENT OF THE

CHANAKYA NATIONAL LAW UNIVERSITY

Secondary sources include books, Articles, Websites etc.

LIMITATION OF THE STUDY

SCOPE OF THE STUDY

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