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HEARN, WILLIAM EDWARD (1826-1888), jurist and economist,
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son of the Rev. W. E. Hearn, was born at Belturbet, Cavan, Ireland, on 21
April 1826. He was educated at the Royal School of Enniskillen and at Trinity
College, Dublin, where he graduated as first senior moderator in classics. He
studied law, was admitted to the Irish bar, and subsequently obtained the degree
of LL.D. of Trinity College. In 1849 he became professor of Greek at Queen's
College, Galway, and in 1854 was appointed professor of modern history, modern
literature, logic and political economy, in the newly established university of
Melbourne. He had already published, in 1851, The Cassell Prize Essay on the
Condition of Ireland. It was one of the conditions of the competition that
the social conditions of Ireland must be discussed, and as Hearn was only 25
when he won the prize of 200 guineas, his studies for it may have had no little
influence in forming the bent of his mind. He arrived in Melbourne early in
1855. The title of his professorship suggests an impossible task, but for many
years the students were few in number, and before the numbers increased to any
extent the title had been altered to professor of history and political economy.
In 1859 he was a candidate for a seat in the Victorian legislative assembly and
was defeated. There was nothing in the conditions of his appointment to prevent
him from standing, and there were several precedents in Great Britain. But the
council of the university became alarmed, probably because it was principally
dependent for its existence on its government grant, and feared that Hearn's
political activities might prejudice the interests of the university. A statute
was then passed providing that professors could not sit in parliament or become
members of a political association. Hearn accepted the position in the meantime,
and in 1863 published an important work, Plutology: or the Theory of the
Efforts to Satisfy Human Wants, which was reprinted in 1878 and 1889. His
next volume The Government of England, its Structure and its Development
was published in 1867. Of this book Hearn said, "It is no part of my present
design to inquire whether on grounds of political convenience or otherwise any
alteration in our constitutional system should be adopted . . . I seek only to
ascertain what the constitution of England now is, and how it became what it
is."
In 1873 it was decided to establish a law school at the university and Hearn
was appointed dean of the faculty of law. The wording of the statute provided
that the dean if not a professor should be a member of the professorial board,
and should hold the office by the same tenure and receive the same emoluments as
a professor. Hearn then resigned his professorship of history, and was
henceforth known as Dr Hearn. At the general election held in 1874 he again
stood for parliament and was again defeated. However, in 1878 he was elected a
member of the legislative council for the Central Province by a large majority
and held this seat until his death. In the same year he published The Aryan
Household, its Structure and its Development. An Introduction to Comparative
Jurisprudence, in which his wide knowledge and reading had full scope. He
was busy in many directions, writing frequently for the Melbourne Argus
and Australasian, and interesting himself in the government of the Church
of England in which he was chancellor of the diocese. He took a full share in
the administration of the university, he was warden of the senate from 1868 to
1875, and a member of the council from 1881 to 1886, in May of which year he was
elected chancellor. He had been an able fighter both on committees and on the
council, and when his tenure as a councillor expired in November his opponents
organized and succeeded in defeating him at the election by a few votes, and he
automatically ceased to be chancellor. In the legislative council Hearn was
elected unofficial leader of the house and did much work in examining the
various bills brought forward, and also in preparing a draft code of the
Victorian statutes, which was brought before parliament in 1885 and referred to
a joint committee of both houses. It was submitted to various legal authorities
who gave varying views on it, but the result was that codification was abandoned
for consolidation of the statutes. Hearn's last book The Theory of Legal
Duties and Rights an Introduction to Analytical Jurisprudence was published
in 1885, and he was made a Q.C. in 1886, but he practised little. His health
began to fail in 1887 and he died at Melbourne on 23 April 1888. He was twice
married (1) to Rose, daughter of the Rev. W. J. H. Lefanu and (2) to Isabel,
daughter of Major W. G. St Clair who survived him. He also left a son and three
daughters. In addition to the books mentioned he published a few pamphlets.
Hearn was a genial, friendly man much liked by his students. When lecturing
he would bring in comic illustrations and humorous anecdotes which helped to
lighten difficult subjects; but the atmosphere was one of hard work, and the
lecturer was so evidently devoted to intellectual truth, and so brimful of
knowledge, that he could not fail to have a great influence on his students.
There was a classical clearness of style in his writings which helped to carry
on the tradition; one of the greatest jurists in Australia, who was a student at
Melbourne long afterwards, has testified that "the influence of his teachings in
Australia has been immense" (Sir Owen Dixon quoted by Copland). If Hearn had
been a professor in England rather than in Australia, he would no doubt have had
a wider reputation, but to have influenced economists like Marshall and Jevons,
and to have been praised by historians such as Sir John Marriott and Professor
Dicey is a sufficient reward, and no one can say how much his influence has been
further extended by the work of men like these who have so freely acknowledged
their debt to him.
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