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SIR HENRY JAMES SUMNER MAINE (1822–1888)

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Originally appearing in Volume V17, Page 433 of the 1911 Encyclopedia Britannica.
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SIR See also:HENRY See also:JAMES See also:SUMNER See also:MAINE (1822–1888)  , See also:English See also:comparative jurist and historian, son of Dr See also:James See also:Maine, of See also:Kelso, See also:Roxburghshire, was See also:born on the 15th of See also:August 1822 . He was at school at See also:Christ's See also:Hospital, and thence went up to See also:Pembroke See also:College, See also:Cambridge, in 184o . At Cambridge he was one of the most brilliant classical scholars of his See also:time . He won a See also:Craven scholarship and graduated as See also:senior classic in 1844, being also senior See also:chancellor's medallist in See also:classics . Shortly afterwards he accepted a tutorship at Trinity See also:Hall . In 1847 he was appointed regius See also:professor of See also:civil See also:law, and he was called to the See also:bar three years later; he held this See also:chair till 1854 . Even the rudiments of See also:Roman law were not then included in the See also:ordinary training of English lawyers; it was assumed at the See also:universities that any See also:good Latin See also:scholar could qualify himself at See also:short See also:notice for keeping up such tradition of civilian studies as survived . Maine cannot have knownmuch Roman law in 1847, but in 1856 he contributed to the Cambridge Essays the See also:essay on Roman law and legal See also:education, republished in the later See also:editions of See also:Village Communities, which was the first characteristic See also:evidence of his See also:genius . Meanwhile he had become one of the readers appointed by the Inns of See also:Court, in the first of their many See also:half-hearted attempts at legal education, in 1852 . Lectures delivered by Maine in this capacity were the groundwork of . See also:Ancient Law (1861), the See also:book by which his reputation was made at one stroke . Its See also:object, as modestly stated in the See also:preface, was " to indicate some of the earliest ideas of mankind, as they are reflected in ancient law, and to point out the relation of those ideas to See also:modern thought." Within a See also:year of its publication the See also:post of legal member of See also:council in See also:India was offered to Maine, then a junior member of the bar with little practice, few advantages of connexion, and no See also:political or See also:official claims .

He declined once, on grounds of See also:

health; the very next year the See also:office was again vacant . This time Maine was persuaded to accept, not that his health had improved, but that he thought India might not make it much worse . It turned out that India suited him much better than Cambridge or See also:London . His See also:work, like most of the work done by Englishmen in India in time of See also:peace, was not of a showy See also:kind—its value is shown by the fact that he was asked to prolong his services beyond the See also:regular See also:term of five years, and returned to See also:England only in 1869 . The subjects on which it was his See also:duty to advise the See also:government of India were as much political as legal . They ranged from such problems as the See also:land See also:settlement of the See also:Punjab, or the introduction of civil See also:marriage to provide for the needs of unorthodox See also:Hindus, to the question how far the study of See also:Persian should be required or encouraged among See also:European civil servants . On the civil marriage question in particular, and some years earlier on the still more troublesome one of allowing the remarriage of native converts to See also:Christianity, his guidance, being not only learned but statesmanlike, was of the greatest value . Plans of codification, moreover, were prepared, and largely shaped, under Maine's direction, which were carried into effect by his successors, See also:Sir J . Fitzjames See also:Stephen and Dr Whitley See also:Stokes . The results are open to See also:criticism in details, but See also:form on the whole a remarkable achievement in the See also:conversion of unwritten and highly technical law into a See also:body of written law sufficiently clear to be administered by See also:officers to many of whom its ideas and See also:language are See also:foreign . All this was in addition to the routine of legislative and consulting work and the See also:establishment of the legislative See also:department of the government of India on substantially its See also:present footing . Maine's See also:power of swiftly assimilating new ideas and appreciating modes of thought and conduct remote from modern Western See also:life came into contact with the facts of See also:Indian society at exactly the right time, and his colleagues and other competent observers expressed the highest See also:opinion of his work .

In return Maine brought back from his Indian office a See also:

store of knowledge which enriched all his later writings, though he took India by name for his theme only once . This essay on India was his contribution to the composite work entitled The Reign of See also:Queen See also:Victoria (ed . T . H . See also:Ward, 1887) . Not having been separately published, it is perhaps the least known of Maine's writings; but its See also:combination of just See also:perception and large grasp with command of detail is not easily matched outside W . See also:Stubbs's prefaces to some of the See also:chronicles in the Rolls See also:series, and (more lately) F . W . See also:Maitland's monographs . As See also:vice-chancellor of the university of See also:Calcutta, Maine commented, with his usual pregnant ingenuity, on the results produced by the contact of Eastern and Western thought . Three of these addresses were published, wholly or in See also:part, in the later editions of Village Communities; the substance of others is understood to be embodied in the Cambridge Rede lecture of 1875, which is to be found in the same See also:volume . The See also:practical See also:side of Maine's experience was not See also:long lost to India; he became a member of the secretary of See also:state's council in 1871, and remained so for the See also:rest of his life .

In the same year he was gazetted a K.C.S.I . In 1869 Maine was appointed to the chair of See also:

historical and comparative See also:jurisprudence newly founded in the university of See also:Oxford by Corpus Christi College . See also:Residence at Oxford was not required, and the See also:election amounted to an invitation to the new professor to resume and continue in his own way the work he had begun in Ancient Law . During the succeeding years he published the See also:principal matters of his lectures in a carefully revised See also:literary form: Village Communities in the See also:East and the See also:West (1871); See also:Early See also:History of Institutions (1875); Early Law and See also:Custom (1883) . In all these See also:works the phenomena of See also:societies in an archaic See also:stage, whether still capable of observation or surviving in a fragmentary manner among more modern surroundings or preserved in contemporary records, are brought into See also:line, often with singular felicity, to establish and illustrate the normal See also:process of development in legal and political ideas . In 1877 the mastership of Trinity Hall, Cambridge, where Maine had formerly been See also:tutor, became vacant . There were two strong candidates whose claims were so nearly equal that it was difficult to elect either; the difficulty was solved by a unanimous invitation to Maine to accept the post . His See also:acceptance entailed the resignation of the Oxford chair, though not continuous residence at Cambridge . Ten years later considerations of a somewhat similar kind led to his election to succeed Sir See also:William See also:Harcourt as See also:Whewell professor of inter-See also:national law at Cambridge . His all too short performance in this office is represented by a See also:posthumous volume which had not received his own final revision, See also:International Law (1888) . Meanwhile Maine had published in 1885 his one work of speculative politics, a volume of essays on Popular Government, designed to show that See also:democracy is not in itself more See also:stable than any other form of government, and that there is no necessary connexion between democracy and progress . The book was deliberately unpopular in See also:tone; it excited much controversial comment and some serious and useful discussion .

Phoenix-squares

In 1886 there appeared in the Quarterly See also:

Review (clxii . 181) an See also:article on the posthumous work of J . F . M`Lennan, edited and completed by his See also:brother, entitled " The Patriarchal Theory." The article, though necessarily unsigned (in accordance with the See also:rule of the Quarterly as it then stood), was Maine's reply to the M'Lennan See also:brothers' attack on the historical reconstruction of the Indo-European See also:family See also:system put forward in Ancient Law and supplemented in Early Law and Custom . Maine was generally averse from controversy, but showed on this occasion that it was not for want of controversial power . He carried the See also:war back into the invader's See also:country, and charged J . F . M`Lennan's theory of See also:primitive society with owing its plausible See also:appearance of universal validity to See also:general neglect of the Indo-European evidence and misapprehension of such portions of it as M`Lennan did See also:attempt to handle . Maine's health, which had never been strong, gave way towards the end of 1887 . He went to the See also:Riviera under medical See also:advice, and died at See also:Cannes on the 3rd of See also:February 1888 . He See also:left a wife and two sons, of whom the See also:elder died soon after-wards . An excellent See also:summary of Maine's principal writings may be seen in Sir lblountstuart See also:Grant See also:Duff's memoir .

The prompt and full recognition of Maine's genius by See also:

continental publicists must not pass unmentioned even in the briefest notice . See also:France, See also:Germany, See also:Italy, See also:Russia have all contributed to do him See also:honour; this is the more remarkable as one or two English publicists of an older school signally failed to appreciate him . Maine warned his countrymen against the insularity which results from See also:ignorance of all law and institutions See also:save one's own; his example has shown the benefit of the contrary See also:habit . His prominent use of Roman law and the wide range of his observation have made his works as intelligible abroad as at See also:home, and thereby much valuable See also:information—for example, concerning the nature of See also:British supremacy in India, and the position of native institutions there—has been made the See also:property of the See also:world of letters instead of the See also:peculiar and obscure See also:possession of a limited class of British public servants . Foreignreaders of Maine have perhaps understood even better than English ones that he is not the propounder of a system but the See also:pioneer of a method, and that detailed criticism, profitable as it may be and necessary as in time it must be, will not leave the method itself less valid or diminish the See also:worth of the See also:master's lessons in its use . The rather small bulk of Maine's published and avowed work may be explained partly by a See also:fine literary sense which would let nothing go out under his name unfinished, partly by the drawbacks incident to See also:precarious health . Maine's temperament was averse from the labour of See also:minute criticism, and his avoidance of it was no less a See also:matter of prudence . But it has to be remembered that Maine also wrote much which was never publicly acknowledged . Before he went to India he was one of the See also:original contributors to the Saturday Review, founded in 1855, and the inventor of its name . Like his intimate friend Fitzjames Stephen, he was an accomplished journalist, enjoyed occasional article-See also:writing as a diversion from official duties, and never quite abandoned it . The practice of such writing probably counted for something in the freedom and clearness of Maine's See also:style and the effectiveness of his See also:dialectic . His books are a See also:model of scientific exposition which never ceases to be literature .

See Sir A . See also:

Lyall and others, in Law Quart . Rev. iv . 129 seq . (1888) ; Sir F . See also:Pollock, " Sir See also:Henry Maine and his Work," in Oxford Lectures, &c . (189o); " Sir H . Maine as a Jurist," Edin . Rev . (See also:July 1893); Introduction and Notes to new ed. of Ancient Law (1906); Sir M . E . Grant Duff, Sir Henry Maine: a brief Memoir of his Life, &c .

(1892); Notes from a See also:

Diary, Passim; L . Stephen, " Maine " in See also:Diet . Nat . Biog . (1893); See also:Paul See also:Vinogradoff, The Teaching of Sir Henry Maine (1904) . (F .

End of Article: SIR HENRY JAMES SUMNER MAINE (1822–1888)
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