Sir William Jones, the Jurist

In 1946 the School of Oriental and African Studies is celebrating the bicentenary of the birth of Sir William Jones: in 1948 University College, London, will celebrate that of Jeremy Bentham. In this there is something more than an accidental approximation of dates. All subsequent scientific English thinking about law is traceable to these two men. The English School of Analytical Jurisprudence; the great tide of law reform which swept through nineteenth-century England; the codification (the word is his own coinage) of law not only in England and India but in many different parts of the world: these things admittedly sprang from the genius of Jeremy Bentham. Sir William Jones's influence was smaller in volume, though almost as widely diffused. He had neither the apostolic fervour of reform nor the overflowing vitality which carried Bentham on with undiminished vigour to eighty-four years: he died before reaching his forty-seventh birthday. But his influence was, none the less, considerable. The first of our Orientalists who was also a lawyer, Colebrooke, Sutherland, Wynch, and other Sanskritists, the Macnaghtens and the Baillies followed in his footsteps. In particular Colebrooke, greatest of them all, and Ian Baillie came directly under his influence. But it is equally true, though less generally recognized, that he is the forerunner of the other great English school of legal philosophy, the historical and comparative school, and that the work of Sir Henry Maine and his successors might have lacked some of its most distinctive elements if Jones's translation had not rendered the Institutes of Manu available to Maine when he was writing Ancient Law. Indeed, Maine's whole career might have been different; for just as his known interest in Oriental legal systems led to Jones's appointment as a judge of the Supreme Court of Calcutta, so it was the interest in Indian ideas evinced in Ancient Law which led to Maine's appointment as law member of the Governor-General's Council, and so to all his later work on similar topics.