fragmentary manner among more modern surroundings or preserved in
contemporary records, are brought into line, often with singular
felicity, to establish and illustrate the normal process of development
in legal and political ideas.
In 1877 the mastership of Trinity Hall, Cambridge, where Maine had
formerly been 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 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 William Harcourt as Whewell professor of international law at
Cambridge. His all too short performance in this office is represented
by a posthumous volume which had not received his own final revision,
_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 democracy is not in itself more stable than any other form of
government, and that there is no necessary connexion between democracy
and progress. The book was deliberately unpopular in tone; it excited
much controversial comment and some serious and useful discussion.
In 1886 there appeared in the _Quarterly Review_ (clxii. 181) an article
on the posthumous work of J. F. M'Lennan, edited and completed by his
brother, entitled "The Patriarchal Theory." The article, though
necessarily unsigned (in accordance with the rule of the _Quarterly_ as
it then stood), was Maine's reply to the M'Lennan brothers' attack on
the historical reconstruction of the Indo-European family 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 war back
into the invader's country, and charged J. F. M'Lennan's theory of
primitive society with owing its plausible appearance of universal
validity to general neglect of the Indo-European evidence and
misapprehension of such portions of it as M'Lennan did attempt to
handle.
Maine's health, which had never been strong, gave way towards the end of
1887. He went to the Riviera under medical advice, and died at Cannes on
the 3rd of February 1888. He left a wife and two sons, of whom the elder
died soon afterwards.
Public-domain text, read in full here on John Shaqi.
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