Henry James Sumner Maine

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Maine, Henry James Sumner


Born Aug. 15, 1822, in Kelso, Roxburgh; died Feb. 3, 1888, in Cannes, France. British jurist and legal historian.

A Scot by birth, Maine studied at Cambridge University, where from 1847 to 1854 and again from 1887 he was a professor. At the same time, he practiced law. From 1863 to 1869 he was a member of the council to the governor-general of India and served as vice-chancellor of the University of Calcutta. Maine was a professor at Oxford University from 1869 to 1887. In his research he used the comparative-historical method. On the basis of a study of Hindu, Roman, German, ancient Irish, and Slavic law, he endeavored to create a comprehensive picture of the development of law and early social institutions among the Indo-European peoples. Maine applied the basic aspects of G. L. Maurer’s communal theory to many peoples.


In Russian translation:
Drevnee pravo .... St. Petersburg, 1873.
Derevenskie obshchiny na Vostoke i Zapade. St. Petersburg, 1874.
Drevneishaia istoriia uchrezhdenii: Lektsii. St. Petersburg, 1876.
Drevnii zakon i obychai: Issledovanie po istorii drevnego prava. Moscow, 1884.


Marx, K. , and F. Engels. Soch, 2nd ed., vol. 19, p. 402.
Vinogradov, P. G. “Uchenie sera Genri Mena.” Nauchnoe slowo, 1904, book 8.
References in periodicals archive ?
In Chapter Twelve, Karuna Mantena considers the writings of Henry Maine, who believed (contra Mill and Tocqueville) that backward peoples, such as Indian peasants, were not suited to modem, liberal institutions and practices.
Most were outsiders--a Frenchman: Gustave de Beaumont, two Germans: Karl Marx and Friedrich Engels, and a majority of English commentators: John Stuart Mill, Harriet Martineau, Sir Henry Maine, James Anthony Froude and Matthew Arnold.
They consider Ireland's 19th century, Gustave de Beaumont as Ireland's Alex de Tocqueville, John Stuart Mill, Harriet Martineau, Sir Henry Maine and the survival of the fittest, The Irish Question in Karl Marx's and Friedrich Engel's writings on capitalism and empire, the metaphysical unionism of James Anthony Froude, race theory and the Irish, and Macpherson and Matthew Arnold on Celticism and Ireland.
If I needed to state in a short sentence what these volumes accomplish, I would say that they provide the detailed proofs to substantiate the famous statement by Sir Henry Maine that the modern movement of political and social ideas and institutions has been from status to contract (contract being another word for covenant).
Consider his response to Sir Henry Maine, who in "The Ethics of Democracy" (1888) had argued that democracy could never produce a general will except by manipulation and that in mass society sovereignty becomes indistinguishable from power and politics a matter of expediency and corruption.
Alibis of Empire: Henry Maine and the Ends of Liberal Imperialism, by Karuna Mantena.