Ernest Barker on Henry James Sumner Maine

“In reality Maine, with his gift for massive and impressive generalisation, was the tragic voice, sonorous behind the mask of Cassandra, which uttered the feelings that had gathered since the extension of the suffrage in 1867.”

“The general argument of Popular Government proceeds from a sort of intellectual anti-intellectualism. Assuming, like some French writers, such as Renan and afterwards Tarde, that aristocracy is the mother of all real progress, and holding that the multitude has been the enemy of all fruitful novelty, Maine argues that democracy, whatever its love of change during its militant phase, will in its triumphant phase pass into a Chinese stationary State.”

“History does not furnish Maine, as it furnished Acton, with any guiding thread of growing freedom; and the process towards contract does not appear in the issue to be a process towards liberty. What History proves is the rarity and fragility of democracy. History has with Maine, what it tends to have with many of us, a way of numbing generous emotions. All things have happened already; nothing much came of them before; and nothing much can be expected of them now.”