The political ideas of Sir Henry Maine

Abstract

CHAPTER ONE is concerned to describe the prevailing conditions in 19th century England as. a context within which Maine's work may be seen. In general terms this provides an understanding of the economic, social and political circumstances, and more especially an understanding of the intellectual background. Here an outline is presented of the major developments in both jurisprudence and political thought. CHAPTER TWO deals with the object and structure of Maine's thesis. His position in regard to the major theories of jurisprudence is defined and the significance of his attack on the concept of Natural Law is explored, Maine's Historical Method and the political implications of his position are then examined. In CHAPTER THREE the directions of Maine's historical investigations are charted and the logical status of his most outstanding thesis, the Patriarchal Theory, is clarified. The dynamic aspect of the theory is disclosed by tracing Maine's description of the origin, early character and evolution of society. Sir Henry Maine CHAPTER FOUR deals with the general characteristics of conservative political thought as a prelude to the discussion of those features peculiar to orthodox conservatism. After indicating the immediate historical background of Popular Government, the major themes of Maine's political treatise are then discussed under the headings Totalitarianism and Constitutionalism. The affinity of Maine's ideas with the tradition of Analytical Conservatism is then noted. The discussion of conservative principles reveals further evidence of Maine's sympathy with this tradition. CHAPTER FIVE concerns the relationship between the political and historical aspects of Maine's work. The foundations underlying this connection are then exposed. Note is also taken of contemporary assessments of Maine's contribution and the major criticism to which it has been subjected. CHAPTER SIX concludes with a description of the character of Maine’s thought and an assessment of its value.