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
Lord Acton once spoke of "our three Cambridge historians, Maine,
Lightfoot, Maitland," each a pioneer in his own region of research,
and each a name of significance for universal history. Maitland was
not a Conservative like Maine, or a Churchman like Lightfoot; he was
simply a scientific historian, with a singularly open and candid mind,
and with a detachment almost unique from the prejudice of sect or
party. In politics he would have ranked himself as a Liberal Unionist,
though his mind was far too independent to bear the strain of party
allegiance and led him to differ upon some important questions from the
principles upheld by the Unionist government. Thus he was in favour
of what is called "the secular solution" in education, and tried, but
without success, to think well of the policy which brought about the
South African War. The Protectionist reaction excited his disapproval,
and he joined a Free Trade Committee in Cambridge: but he rarely spoke
of politics, and like all men of the scientific temperament had small
interest in the party game, and no little diffidence as to his power of
reaching solid conclusions upon questions which he had not the leisure
thoroughly to explore. But upon matters which affected the interests of
knowledge and education his views were firm and clear-cut.
His place in the history of English law has been summarized by
Professor Dicey with an authority to which I can make no pretence.
"Maitland's services to law were at least threefold. He demonstrated in
the first place what many lawyers must have suspected, that law could
contribute at least as much to history as history could contribute to
law. Now that the truth of this assertion has been proved it seems a
commonplace to insist upon it. But if one looks at the works of our
best historians, even of so great an historian as Macaulay, who had
rare legal capacity, and who had extensive knowledge from some points
of view of English law, one is astonished to observe how small a part
law was made to play in the development of the English nation, which
had been, above all, a legal-minded nation. The doctrine that law was
an essential part of history needed not only asserting--we could all
probably have done this--but demonstrating. The needed demonstration
has been made by Maitland, and will not be forgotten. Maitland's
second achievement is this: law ought to be, but hitherto in England
has not been, a part of the literature of England. Among Maitland's
predecessors two men living in different ages have done their best to
make law a part of the literature of England. You will forgive me for
commemorating, as in my case is almost a matter of private duty, the
noble effort made by Blackstone to give law its rightful position in
the world of letters. Blackstone failed, not by any weakness of his
own, but because he left no successors. He did as much as a man could
achieve in Blackstone's time. Maitland himself, I believe, shared this
opinion.
Public-domain text, read in full here on John Shaqi.
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