Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-03T00:10:01.306Z Has data issue: false hasContentIssue false

7 - Some contributions of Maine to history and anthropology

Published online by Cambridge University Press:  04 September 2009

Alan Diamond
Affiliation:
Trinity College, Cambridge
Get access

Summary

An intelligent undergraduate could undoubtedly make a strong case for dismissing Maine. Having read through subsequent assessments of his work, he would list Maine's supposed achievements and then show how each was deeply flawed. Such a critic would point to the supposed ‘revolutionary’ method, comparative and historical, and show how it was deeply imbued with a form of patronizing Victorian evolutionism which is now both morally and intellectually repugnant. The vaunted width and depth of scholarship would crumble before allegations of inaccuracy and over-dependence on an erring memory. The father of kinship studies in anthropology would be shown to have set up a false theory of universal patriarchal origins which was soon refuted. The great insight, of the movement, of progressive societies from status to contract, would be shown not to be true even of all ‘progressive’ societies, and in any case was already anticipated by many other Enlightenment thinkers, as well as by Marx. The theories concerning the religious basis of law turn out to be a myth, and the theory of the ways in which legal change occurs, to be inappropriate to the common law. The central thesis concerning the original communal nature of property in Indian and Germanic villages was soon shown to be much too sweeping a generalization. The view that simpler societies rest their associations on kinship, and only later move to non-kinship, or territorial, bonds was soon disputed.

Type
Chapter
Information
The Victorian Achievement of Sir Henry Maine
A Centennial Reappraisal
, pp. 111 - 142
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 [email protected] 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
×