An excellent summary of Maine's principal writings may be seen in Sir
Mountstuart Grant Duff's memoir. The prompt and full recognition of
Maine's genius by continental publicists must not pass unmentioned even
in the briefest notice. France, Germany, Italy, Russia have all
contributed to do him 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
ignorance of all law and institutions save one's own; his example has
shown the benefit of the contrary habit. His prominent use of Roman law
and the wide range of his observation have made his works as
intelligible abroad as at home, and thereby much valuable
information--for example, concerning the nature of British supremacy in
India, and the position of native institutions there--has been made the
property of the world of letters instead of the peculiar and obscure
possession of a limited class of British public servants. Foreign
readers of Maine have perhaps understood even better than English ones
that he is not the propounder of a system but the 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 worth of the master's lessons in its use. The rather small bulk of
Maine's published and avowed work may be explained partly by a fine
literary sense which would let nothing go out under his name unfinished,
partly by the drawbacks incident to precarious health. Maine's
temperament was averse from the labour of minute criticism, and his
avoidance of it was no less a 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 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-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 style and the effectiveness of his dialectic.
His books are a model of scientific exposition which never ceases to be
literature.
See Sir A. Lyall and others, in _Law Quart. Rev._ iv. 129 seq. (1888);
Sir F. Pollock, "Sir Henry Maine and his Work," in _Oxford Lectures,
&c._ (1890); "Sir H. Maine as a Jurist," _Edin. Rev._ (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 Diary_, _passim_; L. Stephen, "Maine" in _Dict. Nat.
Biog._ (1893); Paul Vinogradoff, _The Teaching of Sir Henry Maine_
(1904). (F. Po.)
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