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
The next man who took in hand a book somewhat similar to that
undertaken by Blackstone was Sir Henry Maine. He achieved a great
measure of success. He stimulated in a way which it was difficult for
anyone to realise who had not read Maine's _Ancient Law_ when it first
appeared, public interest in law and jurisprudence. He gave to the
English world a new view of the possibilities of interest possessed by
the study of law. But his success is not complete. He did not show,
as did Maitland, that even the most crabbed details of English law
might be made part of English literature. The reason why Maine cannot
in this matter stand on the same level with Maitland is that he did
not possess the qualifications for the third and last of Maitland's
great achievements. No one can say that profound learning was possessed
by either Blackstone or Sir Henry Maine. But Maitland was a learned
historian as well as a learned lawyer. He therefore could and did
demonstrate that extraordinary learning and research have no connection
whatever with dullness and pedantry, and that learning may be combined
with the most philosophic and the profoundest views of law which the
mind of man can form[34]."
This sketch will have been written in vain if it fails to suggest
that the world lost in Maitland not only a great and original scholar
but also a nature of singular charm and beauty. The life of severe
scholarship may, and perhaps often does, dry up the fountains of
sympathy, but this was not the case with Maitland. The current of his
affections ran deep and strong, and so easily was his enthusiasm fired
that he would praise the books of young authors with a delight which
seemed almost unqualified if they happened to contain any real merit.
No one was more entirely free from self-importance or from any desire
to defend, after they had become untenable, positions which he had
once been inclined to maintain. He possessed a gift which is far rarer
than it is generally supposed to be, and is often very imperfectly
possessed by learned men, an intense and disinterested passion for
truth, a passion so pure that he would speak with genuine enthusiasm
of such criticisms of his own work as he judged to be well founded and
to constitute a positive addition to knowledge. His modesty, both in
speech and writing, was so extreme that it might have been put down to
affectation; but it was an integral part of the temper which made him
great in scholarship. He saw the vast hive of science and the infinite
garden of things, and knew how little the most busy life could add to
the store; and so, living always in the company of large projects and
measuring himself by the highest standard of that which is obtainable
in knowledge, he viewed his own acquisitions as a small thing--a
fragment of light won from a shoreless ocean of darkness.
Public-domain text, read in full here on John Shaqi.
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