10 HARVARD LAW REVIEW 457 (1897) When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force... more...

GRANDMOTHER'S STORY OF BUNKER-HILL BATTLE AS SHE SAW IT FROM THE BELFRY 'T is like stirring living embers when, at eighty, one remembersAll the achings and the quakings of "the times that tried men's souls";When I talk of Whig and Tory, when I tell the Rebel story,To you the words are ashes, but to me they're burning coals. I had heard the muskets' rattle of the April... more...

After an interval of more than fifty years, I propose taking a second look at some parts of Europe. It is a Rip Van Winkle experiment which I am promising myself. The changes wrought by half a century in the countries I visited amount almost to a transformation. I left the England of William the Fourth, of the Duke of Wellington, of Sir Robert Peel; the France of Louis Philippe, of Marshal Soult, of... more...

'T is like stirring living embers when, at eighty, one remembersAll the achings and the quakings of "the times that tried men's souls;"When I talk of Whig and Tory, when I tell the Rebel story,To you the words are ashes, but to me they're burning coals. I had heard the muskets' rattle of the April running battle;Lord Percy's hunted soldiers, I can see their red coats... more...

INTRODUCTION. "I have the feeling that every man's biography is at his own expense. He furnishes not only the facts, but the report. I mean that all biography is autobiography. It is only what he tells of himself that comes to be known and believed." So writes the man whose life we are to pass in review, and it is certainly as true of him as of any author we could name. He delineates... more...

PREFACE. The character of the opposition which some of these papers have met with suggests the inference that they contain really important, but unwelcome truths. Negatives multiplied into each other change their sign and become positives. Hostile criticisms meeting together are often equivalent to praise, and the square of fault-finding turns out to be the same thing as eulogy. But a writer has rarely... more...

INTRODUCTION This series of papers was begun in March, 1888. A single number was printed, when it was interrupted the course of events, and not resumed until nearly years later, in January, 1890. The plan of the series was not formed in my mind when I wrote the number. In returning to my task I found that my original plan had shaped itself in the underground laboratory of my thought so that some... more...

In this matter the general conclusion follows from a single instance. For the moment it is admitted that in one case knowledge of a present fact, such as the other party's intent to act on the false statement, dispenses with proof of an intent to induce him to act upon it, it is admitted that the lesser element is all that is necessary in the larger compound. For intent embraces knowledge... more...