MAINE, SIR HENRY (JAMES SUMNER)

born Aug. 15, 1822, Kelso, Roxburgh, Scot. died Feb. 3, 1888, Cannes, Fr. British jurist and legal historian who pioneered in the study of comparative law, notably primitive law and anthropological jurisprudence. While professor of civil law at the University of Cambridge (184754), 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). This work influenced both political theory and anthropology, the latter primarily because of his controversial views on primitive law. To trace and define his concepts, he drew on Roman law, western and eastern European systems, laws of India, and primitive law. Though some of his statements were modified or invalidated by later research, his study helped to place comparative jurisprudence on a sound historical footing. A member of the council of the governor-general of India (186369), 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, 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.