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
He had already begun to apply dissolvent legal tests to "our easy talk
of village communities." The English village, he remarked in 1892,
"owns no land, and, according to our common law, it is incapable of
owning land. It never definitely attained to a juristic personality."
The village community of the picturesque easy-going antiquarian, who,
fascinated by Maine's beautiful generalisations, was ready to find
traces of archaic communism in every quarter, only reminded him of
the remark in Scott's _Antiquary_ "Pretorian here Pretorian there I
mind the bigging o't." In two weighty articles contributed to the _Law
Quarterly Review_ in 1893 upon the subject of Archaic Communities,
Maitland pricked some antiquarian bubbles with delicious dexterity
and threw out a suggestion that the formula of development should be
"neither from communalism to individualism" nor yet "from individualism
to communalism" but from "the vague to the definite." In common with
Hegel he believed that the world process consisted in the development
of the spirit of reason becoming more and more articulate with every
fresh discrimination of the intellect.
By amazing industry and a most rigid economy of time Maitland had
combined with his professional duties and with the publication of
several volumes of unprinted matter the composition of an elaborate
treatise upon medieval law. The _History of English Law up to the
time of Edward I_ appeared in 1895. The work had been planned in
conjunction with Maitland's old friend, Sir Frederick Pollock, was
revised in common with him and issued under their joint names; but as
Sir Frederick explained in a note appended to the Preface "by far the
greater share of the execution" both in respect of the writing and
the research belonged to Maitland. The book at once took rank as a
classic. In range and quality of knowledge it invited comparison with
the monumental achievement of Stubbs; and though it was necessarily
of a highly technical character, the style was so easy and lucid that
persons previously unversed in the technicalities of medieval, or
indeed of modern, law, were able to read it with enjoyment.
Public-domain text, read in full here on John Shaqi.
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