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See also:SIR See also: 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:
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:
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: 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: (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 . |
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