Frederick William Maitland, Downing Professor of the Laws of England: A Biographical SketchFisher, H. A. L. (Herbert Albert Laurens)
History
Frederick William Maitland, Downing Professor of the Laws of England: A Biographical Sketch
Fisher, H. A. L. (Herbert Albert Laurens)
Maitland, Frederic William, 1850-1906
Apart from their interest for the professional student of legal
antiquities, Maitland's papers upon Trust and Corporation possess an
enduring value by reason of the fine touches of legal and historical
perception which are scattered so freely through them. A collection of
acute and brilliant observations might without difficulty be made from
this as from any other portion of his historical work. "All that we
English people mean by religious liberty has been intimately connected
with the making of Trusts. Persons who can never be in the wrong are
useless in a Court of law. The making of grand theories has never been
our strong point. The theory which lies upon the surface is sometimes a
borrowed theory which has never penetrated far, while the really vital
principles must be sought for in out of the way places. A dogma is of
no importance unless and until there is some great desire within it.
_Quasi_ is one of the few Latin words that English lawyers really love.
English history can never be an elementary subject. We are not logical
enough to be elementary." Such phrases, even if detached from their
context, have a life of their own, but they cannot be so detached
without the loss of the greater part of their significance. An epigram
may be an extraneous flourish as irrelevant to all substantial purpose
as the ornament of the bad architect. Maitland's wit was seldom otiose;
it was a shining segment in the solid masonry of argument.
In the summer of 1907 Maitland delivered the Rede Lecture at
Cambridge, choosing for his theme English Law and the Renaissance. It
was his object to show how, when Humanism was reviving the study of
Roman law, when Roman law was expelling German law from Germany and
winning victories over the relics of Anglo-Norman custom in Scotland,
England succeeded in preserving her medieval law books despite their
bad Latin and their worse French. The secret was to be found in an
institution peculiar to this country, in the existence of the Inns
of Court. "Unchartered, unprivileged, unendowed, without remembered
founders, these groups of lawyers formed themselves, and in course of
time evolved a scheme of legal education; an academic scheme of the
medieval sort, oral and disputatious.... We may well doubt whether
aught else would have saved English law in the age of the Reception."
But the lecture, though based upon minute enquiries, was not purely
historical. After pointing out that a hundred legislatures were now
building on that foundation of English law--"the work which was
not submerged"--Maitland surveyed the prospects for the future and
pronounced that the unity of English law was precarious. Queensland
had made her own penal code in 1895; other colonies might follow
in the same way. The Germans, "by a mighty effort of science and
forbearance," had unified their law upon a national and historical
basis. Might not the British Parliament endeavour to put out work which
Public-domain text, read in full here on John Shaqi.
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