Maine, Sir Henry

▪ British jurist, historian, and anthropologist

born August 15, 1822, Kelso, Roxburgh, Scotland

died February 3, 1888, Cannes, France

      British jurist and legal historian who pioneered the study of comparative law, notably primitive (primitive culture) law and anthropological jurisprudence.

      While professor of civil law at the University of Cambridge (1847–54), Maine also began lecturing on Roman law at the Inns of Court, London. These lectures became the basis of his Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas (1861), which influenced both political theory and anthropology, the latter primarily because of Maine's controversial views on primitive law. To trace and define his concepts, he drew on Roman law, western and eastern European legal systems, Indian law, and primitive law. Although some of his statements were modified or invalidated by later research—Ancient Law is noted for its general lack of reference to authorities and its failure to cite supporting evidence for its conclusions—his study helped to place comparative jurisprudence on a sound historical footing.

      A member of the council of the governor-general of India (1863–69), Maine was largely responsible for the codification of Indian law. In 1869 he became the first professor of comparative jurisprudence at the University of Oxford and, in 1887, a professor of international law at Cambridge. He was knighted in 1871. His other books include lectures on the Early History of Institutions (1875), a sequel to his Ancient Law. Maine was the recipient of a remarkable number of honours, medals, and distinctions. He was also known for his extensive writing in popular periodicals.

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