The political ideas of Sir Henry Maine

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

Free speech and praxis : philosophical justifications of freedom of speech and their application during the nineteenth century.

The main aim of this thesis is to analyse and explore the philosophical justifications for freedom of speech during the nineteenth century and their application as political praxis. In this work, specific types of free speech argument are identified and examined in the light of the ideological stance of those who sought to argue for freedom of speech, primarily from key ideological perspectives of the nineteenth century, utilitarianism, liberalism and socialism. Initially three types of free speech argument are identified: the accountability argument, the liberty argument and the truth argument. However, on an inspection of socialist arguments for freedom of speech, the author suggests that a fourth sufficiently distinct type of free speech argument is present, particularly within the more mature works of socialist radicals and agitators. Though the arguments for freedom of speech overlap within different ideological and historical contexts, a case is made for a relatively distinct type of free speech argument within the socialist political praxis of free speech. Furthermore, in examining key political and philosophical texts, and an analysis of the free speech arguments in nineteenth century political pamphlets and newspapers, the argument is made that in order to gain a thorough understanding of political history and philosophy a holistic approach should be adopted, one which looks at ideas, context, history, artefact, and political praxis