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
In January, 1888, Stephen launched a weekly magazine called _The
Reflector_. It was the year in which Maitland exchanged Brookside for
Downing, the year of the first publication of the Selden Society,
and finally the year of Mr Ritchie's County Council Act. Being
invited to contribute a paper to the new periodical Maitland chose
as his theme the impending revolution in English local government.
The administrative functions of the Justices of the Peace were to be
transferred to elective County Councils. In a charming essay full of
ripe wisdom and pleasant wit Maitland bade farewell to the old order
and expressed some of the misgivings which the inevitable change
aroused in his mind. Master Shallow and Master Silence were to be
stripped of half their functions and might come to the conclusion
that the other half was not worth preserving. That which was "perhaps
the most distinctively English part of all our institutions," the
Commission of the Peace, was attacked in a vital part, not because the
Justices had been corrupt or extravagant, but because the spirit of the
age condemned them. "The average Justice of the Peace is a far more
capable man than the average alderman, or the average guardian of the
poor; consequently he requires much less official supervision. As a
governor he is doomed; but there has been no accusation. He is cheap,
he is pure, he is capable, but he is doomed; he is to be sacrificed
to a theory, on the altar of the spirit of the age." Regrets, however,
were vain. On the contrary, since the control of the central Government
was already vested in the people, it was best that the people should
gain political experience in local affairs, that the local authorities
should be given a free hand to manage and to mismanage, and that care
should be taken to invest them with such a degree of dignity and
independence as should attract the best men into the public service.
Maitland did not often express himself on public affairs; but he
watched them closely and took no conclusions at second-hand.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account