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
worthy of the effort.
It appeared to Maitland that one of the obstacles to an exact
understanding of the past was the general acceptance of the idea that a
normal programme could be laid down for the human race. Even if there
were sufficient evidence to show that each independent portion of the
human race must move through a fated series of changes, it remained
a fact that the rapidly progressive groups had not been independent.
"Our Anglo-Saxon ancestors did not arrive at the alphabet or at the
Nicene Creed by traversing a long series of 'stages'; they leapt to the
one and to the other." And again the complexity and interdependence
of human affairs render it impossible to hope for scientific laws
which will formulate a sequence of stages in any one province of men's
activity. Consequently it was unwise to fill up the blanks that
occurred in the history of one nation by institutions and processes
which had been observed in another quarter. Even if it were proved
that the Roman _gens_ was a close agnatic group, and that the house
community was the primitive unit of Roman society, we should not
"force our reluctant forefathers through agnatic _gentes_ and house
communities." In particular we were not entitled to assume without
further enquiry that the early English village community owned land.
Such criticisms, implying as they did that the Roman evidence had been
accredited with a wider relevance than it did or could possess, were
calculated to abate the more sanguine claims alike of comparative
jurisprudence and of anthropology. In a subsequent paper contributed
to the Eranus Club Maitland recurred to his central thesis, that
the experience of the progressive nations was interdependent and
unique, and incapable, for that very reason, of affording a basis for
an inductive science of politics. It is among the many refreshing
qualities of Maitland's work that while he is always close to his facts
he is never out of the atmosphere of large and animating ideas.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account