Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-v9fdk Total loading time: 0 Render date: 2024-11-19T13:07:20.106Z Has data issue: false hasContentIssue false

13 - A wake (or awakening?) for historical jurisprudence

Published online by Cambridge University Press:  04 September 2009

Alan Diamond
Affiliation:
Trinity College, Cambridge
Get access

Summary

I start with the proposition that Henry Maine is something of a puzzle. On the one hand, he was one of the two or three most formative thinkers in my own life. He was the first legal scholar I read, as a law student, who was also a genuine ‘man of letters’. It seemed to me that, in the course of a few volumes, he transformed ‘law’ from a technical and professional ‘box of tools’ (to borrow a phrase the late Joan Robinson applied to economics) into a museum of past civilizations and remote societies all teeming with unexpected associations with our own legal system; he brought the whole range of classical mythology into the realm of legal learning; and he humbled the student of the common law, making him feel ignorant, even naked, before the magisterial eminence of Roman law. Along the way, he offered marvellously perceptive critiques of various ‘schools’ of legal theory, ranging from natural law to positivism, together with insights into the leading exponents of each, such as Grotius and Austin, including everything from Bentham's ‘Political Economy’ to chips from Max Müller's philological workshop. His withering dismissal of Rousseau and his ‘romanticism’ remains, to this day, a devastating argument against easy assumptions about a Golden Past of ‘Noble Savages’.

Type
Chapter
Information
The Victorian Achievement of Sir Henry Maine
A Centennial Reappraisal
, pp. 217 - 237
Publisher: Cambridge University Press
Print publication year: 1991

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×