（By SARAH AUSTIN）It seems necessary that I should endeavour to justify the step I have taken，in bringing before the public writings of such a nature and value as those of my deceased husband. I have also to explain why I have determined to publish them in the incomplete and unfinished state in which he left them. The latter decision was，indeed，a necessary consequence of the former；since I could hardly be guilty of the irreverence and presumption of attempting to correct or alter what he had written.I respectfully offer these explanations to the few to whom it is fit that any mention of such a man should be made；and I beg them not to think me so careless of his fame as to have lightly and unadvisedly undertaken to do what might lower the reputation which（almost in spite of himself）he has left among them. To their judgment and candour I commend these imperfect remains. Whatever defects they may find，let them be assured he would have found more and greater.It is well known to all who are interested in the science of Jurisprudence，that the volume of which the present is a republication has for many years been out of print. From thetime this was known，earnest and flattering entreaties that he would publish a second edition reached him from various quarters. They were sufficient to stimulate any vanity but his.Unfortunately they came too late. The public，or that small portion of it which interests itself in such subjects，did not discover the deep and clear stream of legal science within its reach，till its waters had been diverted into other channels，or had disappeared altogether. In proportion as tile demand for the book became urgent，more years and more occupations were interposed between the state of mind in which it was written，and that in which this demand found him. Above all，the hope，the animation，the ardour with which he had entered upon his career as a teacher of Jurisprudence，had been blighted by indifference and neglect；and，in a temper so little sanguine as his，they could have no second spring.It was not my intention to enter into the particulars of a life of which there is little but disappointment and suffering to relate，and which，from choice as much as from necessity，was passed in the shade. Nothing could be more repugnant to a man of his proud humility and fastidious reserve than the submitting his private life to the inspection of the public；nor would it consist with my reverence for him to ask for the admiration（even if I were sure of obtaining it）of a world with which he had so little in common.But as，influenced by considerations which have appeared to me，and to those of his friends best qualified to advise，conclusive，I have determined to republish the following volume，and to publish the rest of the series of Lectures of which those herein contained form a part，it appears necessary to give some explanation of the state in which he left them；to tell why the work which the Author meditated was never completed；why the portion already in print was so long and so obstinately withheld from the public；and，lastly，what has determined me to take upon myself the arduous task of preparing these materials for the press. In order to do this，I must relate those passages of his life which are immediately connected with the course of his studies；and also，though with infinite pain，must touch upon the qualities，or the events，which paralysed his efforts for the advancement of legal science and the diffusion of important truths.If I dwell longer upon his personal character than may be thought absolutely necessary to my purpose，my apology，or my justification，will be found in the words of a writer who understood and appreciated him：—‘His personal character was，or ought to have been，more instructive in these days than his intellectual vigour. He lived and died a poor man. He was little known and little appreciated，nor did he seek for the rewards which society had to give；but in all that he said and did there was a dignity and magnanimity which conveyed one of the most impressive lessons that can be conceived as to the true nature and true sources of greatness.’At a very early age Mr. Austin entered the army，in which he served for five years；a fact which would have no place here，but for the permanent traces it left in his character and sentiments. Though he quitted it for a profession for which his talents appeared more peculiarly to fit him，he retained to the end of his life a strong sympathy with，and respect for，the military character，as he conceived it. The high and punctilious sense of honour，the chivalrous tenderness for the weak，the generous ardour mixed with reverence for authority and discipline，the frankness and loyalty，which were，he thought，the distinguishing characteristics of a true soldier，were also his own；perhaps even more pre-eminently than the intellectual gifts for which he was so remarkable.Mr. Austin was called to the Bar in 1818. If confidence in his powers and prospects could have been given to so sensitive and fastidious a mind by the testimony and the predictions of others，he would have entered on his career with an undoubting and buoyant spirit；for every one of the eminent lawyers in whose several chambers he studied，spoke of his talents and hisapplication as unequalled，and confidently predicted for him the highest honours of his profession.But he was never sanguine. Even in the days when hope is most flattering，he never took a bright view of the future；nor（let me here add）did he ever attempt to excite brilliant anticipations in the person whom he invited to share that future with him. With admirable sincerity，from the very first，he made her the confidante of his forebodings. Four years before his marriage，he concluded a letter thus：—‘…and may God，above all，strengthen us to bear up under those privations and disappointments with which it is but too probable we are destined to contend！’The person to whom such language as this was addressed has，therefore，as little right as she has inclination to complain of a destiny distinctly put before her and deliberately accepted. Nor has she ever been able to imagine one so consonant to her ambition，or so gratifying to her pride，as that which rendered her the sharer in his honourable poverty.I must be permitted to say this，that he may not be thought to have disappointed expectations he never raised；and that the effect of what I have to relate may not be enfeebled by the notion that it is the querulous expression of personal disappointment. Whatever there may be of complaint in this brief narrative，is excited by the recollection of great qualities unappreciated，great powers which found no congenial employment，great ardour for the good of mankind，chilled by indifference and neglect；by the recollection of the struggles and pangs of an over-scrupulous and over-sensitive spirit，vainly trying to establish，alone and unsustained，the claims of a science which he deemed so important to mankind. Nor is the sorrow of an immeasurable private loss so engrossing as not to be enhanced by regrets at the loss sustained by the world.It became in no long time evident to one who watched him with the keenest anxiety，that he would not succeed at the Bar. His health was delicate；he was subject to feverish attacks which left him in a state of extreme debility and prostration；and as these attacks were brought on by either physical or moral causes，nothing could be worse for him than the hurry of practice，or the close air and continuous excitement of a court of law.And if physically unfitted for the profession he had chosen，he was yet more disqualified by the constitution of his mind. Nervous and sensitive in the highest degree，he was totally deficient in readiness，in audacity，in self-complacency，and in reliance on the superiority of which he was conscious，but which oppressed rather than animated him. He felt that the weapons with which he was armed，though of the highest possible temper，were inapplicable to the warfare in which he was engaged；and he gradually grew more and more self-exacting and self-distrusting. He could do nothing rapidly or imperfectly；he could not prevail upon himself to regard any portion of his work as insignificant；he employed a degree of thought and care out of all proportion to the nature and importance of the occasion. These habits of mind were fatal to his success in business.Indeed，even before his call to the Bar，he had detected in himself the germ of the peculiar disposition of mind which disqualified him for keeping pace with the current of human affairs. In a letter addressed to his future wife，dated 1817，when he was still in the chambers of an Equity Draftsman，he wrote，‘I almost apprehend that the habit of drawing will in no short time give me so exclusive and intolerant a taste（as far，I mean，as relates to my own productions）for perspicuity and precision，that I shall hardly venture on sending a letter of much purpose，even to you，unless it be laboured with the accuracy and circumspection which are requisite in a deed of conveyance.’But ‘the habit of drawing’did not create，though it might develope，this tendency to exact from himself a degree of perfection incompatible with promptitude and dispatch. He was，as he says，intolerant of any imperfection；and so long as he could descry the smallest error or ambiguity in a phrase，he recast it again and again till his accurate mind could no longer suggest an objection or a difficulty. This was not the temper which could accommodate itself to the imperious demands of business. After a vain struggle，in which his health and spirits suffered severely，he gave up practice in the year 1825.In the year 1826，the University of London（now University College）was established. From the character and objects of this institution it appeared to hold out a hope，that not only classes of persons，but branches of science，excluded from the ancient universities，might find admittance and fostering in this. Among the sciences which it was proposed to teach，was Jurisprudence，and Mr. Austin was chosen to fill that Chair. As soon as he was appointed，he resolved to go to Germany，in order to study on the spot what had been done，and was doing，by the great jurists of that country，for whom he had already conceived a profound admiration. He immediately set about learning the language，and had already made some progress before he left England. In the autumn of 1827，after visiting Heidelberg，he established himself with his wife and child at Bonn，which was then the residence of Niebuhr，Brandis，Schlegel，Arndt，Welcker，Mackeldey，Heffter，and other eminent men，from whose society he received equal pleasure and instruction. Mr. Austin secured the assistance of a young jurist，who had just entered on that stage of the professional career in which men are permitted to teach，without holding any appointment. They are called Privatdocenten，and are a sort of tutors. By reading German law-books with this gentleman，Mr. Austin，while pursuing his main object，speedily acquired the language with that precision and completeness which he carried into everything he studied.He also，as I find from some slight memoranda，took great pains to inform himself thoroughly of the discipline and mode of teaching in the German Universities. He often expressed his earnest desire to carry home，for the use of England，whatever were most worthy of imitation in Germany. He left Bonn in the spring of 1828，master of the German language and of a number of the greatest works which it contains. He always looked back upon his residence there as one of the most agreeable portions of his life. He and those belonging to him，who were then the only English established at Bonn，were received with cordiality by this distinguished society，and found there the qualities most consonant to their tastes：respect for knowledge，love of art，freedom of thought，and simplicity of habits. Spite of the hopes，the projects，and the acquirements with which he entered upon his new functions，it was not without much regret and some forebodings that he quitted a life so full of interest and so free from care，for the restraints and privations which London imposes on poor people，and for the anxieties of a laborious and untried career.Yet everything promised well，excepting always his health，which had suffered extremely from his anxiety before quitting the Bar，and was only partially restored by the comparative tranquillity of mind which followed his appointment，and by his salutary and agreeable residence on the Rhine.His Lectures opened with a class which exceeded his expectations. It included several of the men who are now most eminent in law，politics，or philosophy. He was much impressed and excited by the spectacle of this noble band of young men，and he felt with a sort of awe the responsibility attaching to his office. He had the highest possible conception of the importance of clear notions on the foundations of Law and Morals to the welfare of the human race；the thought of being the medium through which these were to be conveyed into so many of the minds destined to exercise a powerful influence in England，filled him with ardour and enthusiasm. As might be expected from his susceptible nature and delicate conscience，these were not unmixed with anxiety too intense for his bodily health.Some notes which I find in a blank leaf of the First Lecture delivered at the London University，are so strongly imbued with his earnest and ardent devotion to his work，that，not without some hesitation，I resolve to give them exactly as they stand. Even the broken sentences are characteristic，and，to those who knew him，inexpressibly touching. To such，they will vividly recall the man whose passionate love of truth and knowledge is apparent even in these hasty words.‘Before we separate，I wish to say a few words.It is my purpose to hold conversations at the end of every lecture.[Advantages to myself and to the gentlemen of my class—Advantages of extempore lectures.Incompleteness of written lectures，in respect of the ideas. Waste of labour in writing；extempore lectures can be adapted at the moment to the hearer：Dulness of written lectures：]I therefore wish，of all things，to form a habit of lecturing extempore：To this，I am at present，not competent，but by dint of giving explanations，etc.，I hope I may acquire the requisite facility and composure.Another advantage which will arise from these discussions：Errors in plan and in execution will be pointed out and corrected.I beg of you not to be restrained by false delicacy：Frankness is the highest compliment.I never myself acquiesce，etc....And this is perfectly consistent with admiration for genius—Monstrous，therefore，for a man，etc....I therefore entreat you，as the greatest favour you can do me，to demand explanations and ply me with objections—turn me inside out. I ought not to stand here，unless，etc.Can bear castigation without flinching，coming from a friendly hand.From this collision，advantages to both parties more advantageous than any written lecture.Request them to ask questions relative to studies.In short，my requests are，that you will ply me with questions，and that you will attend regularly.’I find in the manuscript numerous passages marked v. v. which he evidently meant to expand or analyze extemporaneously.He now appeared to have attained to a position above all others the best suited to him. His peculiar tastes and talents fitted him for the business of a teacher. His power of methodising and expounding was matchless；and he had a natural and powerful eloquence（when he allowed himself to give way to it），which was calculated to rivet the attention and fix itself on the memory. This was far more striking in conversation than in his written lectures. As soon as he reduced anything to writing，the severity of his taste and his habitual resolution to sacrifice everything to clearness and precision，led him to rescind every word or expression that did not，in his opinion，subserve these ends.Perhaps no man was ever more eminently qualified to raise extemporaneous discourse to the highest excellence，had he but combined with his other singular qualifications that of easy confidence and self-satisfaction. His voice was clear and harmonious，and his elocution perfect. Nobody ever heard him talk without being powerfully struck with the vigour and originality of his discourse，the variety and extent of his knowledge，and the scholarlike accuracy and singular appositeness of his language. Classical thoughts and turns of expression were so familiar to him that they seemed innate and spontaneous.‘I think，’writes a friend to whom I have shown this poor attempt to describe him，‘that you have hardly said enough about his eloquence in conversation. But the truth is，that it is impossible to describe the manner in which one was carried away and utterly absorbed by his talk. One had travelled in an hour over such vast regions，and at such an elevation！ And then the extraordinary extent and exactness of his memory！’It is true that I shrink from the attempt to convey an idea of his eloquence in common discourse. It lives in the remembrance of a few. His memory was most extraordinary，and would have been a gift to dwell on with wonder，had it not been so subordinate to his higher faculties. He never made any display of it；and as it was always un der the control of his severe love of truth，his hearers were certain that he hazarded nothing，and that his statements might be implicitly relied on.But those qualities which，above all others，smooth the road to success，were not to be looked for in a character like his. Proud，sensitive，trying everything by the lofty standard he bore within him，it was only to a very peculiar sort of encouragement that he was accessible. The highest applause or admiration of ignorant millions would have failed to give him the smallest satisfaction. The approbation of the few whose judgment he respected，or the persuasion that his labours tended to general utility，were the only stimulants by which he could be enabled to rise above his constitutional shyness and reserve.It soon became clear that he was as far as ever from having found the modest，but tranquil and secure position，in which he might continue to labour for the advancement of the sublime science of which he knew himself to be so consummate a master.It was not to be expected，—it is never found，even in the country where science is most ardently pursued for its own sake，—that studies which have no direct bearing upon what is called practical life，can，except under very peculiar circumstances，attract numerous audiences. Where，therefore，there is any serious intention that the few who addict themselves to such studies should find competent instructors，funds are provided for the maintenance of men who have obviously nothing to expect from popular resort. Their position is perhaps not brilliant，but it is secure and honourable，and affords them leisure for the prosecution of their science. No such provision was，however，made for the Chair to which Mr. Austin had been elected；and as jurisprudence formed no part of the necessary or ordinary studies of a barrister，his professorship became nearly an empty title.‘In spite，’says the illustrious writer of a notice of Mr. Austin's death，in the ‘Law Magazine，’‘of the brilliant commencement of his career as a Professor，it soon became evident that this country would not afford such a succession of students of jurisprudence as would suffice to maintain a Chair；and as there was no other provision for the teachers than the students’fees，it followed of necessity that no man could continue to hold that office unless he had a private fortune，or combined some gainful occupation with his professorship. Mr. Austin，who had no fortune，and who regarded the study and exposition of his science as more than sufficient to occupy his whole life，and who knew that it would never be in demand amongst that immense majority of law students who regarded their profession only as a means of making money，found himself under the necessity of resigning his Chair.Law Magazine and Review for May，1860.Such was the end of his exertions in a cause to which he had devoted himself with an ardour and singleness of purpose of which few men are capable. This was the real and irremediable calamity of his life—the blow from which he never recovered. His failure at the Bar was nothing，and would never have been regretted by himself or those who cared for him. That was not his vocation，nor had he any peculiar aptitude for it；and there was no want of able and successful barristers. There was no one to do the work he could have done，as an expounder of the philosophy of Law.At the time he wrote his Lectures，constructed the Tables（hereafter mentioned），and prepared this volume for the press，I can affirm that he had no other thought，intention，or desire，than to push his inquiries and discoveries in the science of law as far，and to diffuse them as widely，as possible. It was from no unsteadiness of purpose，no shrinking from labour，no distaste to a life of comparative poverty and obscurity that he abandoned the pursuit to which he had hoped to devote his life. If there had been found for him some quiet and humble nook in the wide and rich domains of learning，it is my firm conviction that he would have gone on，slowly indeed，as the nature of his study and his own nature rendered inevitable，and with occasional interruptions from illness，but with unbroken tenacity and zeal，to the end of his life.In June，1832，he gave his last lecture. In that year he published the volume，of which the present is a reprint. So far was he from anticipating for it any brilliant success，that he was astonished at the readiness and liberality with which the late Mr. Murray undertook the publication of it；and for years afterwards his anxiety was extreme，lest it should have entailed loss upon that gentleman. When at length，in answer to my inquiries，Mr. Murray presented to me the last remaining copy，as a proof that our fears were groundless，Mr. Austin expressed perfect satisfaction，and something like surprise，even at this very moderate success. He was fully aware of the unpopularity of the studies to which he had devoted himself.‘So few，’says he，‘are the sincere inquirers who turn their attention to these sciences，and so difficult is it for the multitude to perceive the worth of their labours，that the advancement of the sciences themselves is comparatively slow；whilst the most perspicuous of the truths with which they are occasionally enriched，are either rejected by the many as worthless or pernicious paradoxes，or win their laborious way to general assent through a long and dubious struggle with established and obstinate errors.’It must be admitted that the reception given to his book at first was not encouraging. Neither of the Reviews which profess to guide public opinion on serious subjects took the slightest notice of it. Some eulogistic articles appeared in journals of less general currency，but on the whole it may be said to have been left to make its way by its own merits. It was only at a later period，and by slow degrees，that they were appreciated.In the year 1833 Mr. Austin was appointed by Lord Brougham，then Lord Chancellor，member of the Criminal Law Commission. Though this turned him from the pursuit to which he had hoped to dedicate his life，and confined his inquiries to a narrower and less inviting field than that he had marked out for himself，he entered upon it with the same conscientious devotion，and carried into it the same profound and comprehensive views. But he soon perceived that they would be of small avail to himself or to the public. The powers granted to the Commission did not authorise the fundamental reforms from which alone he believed any good could come；and his opinions as to the ground to be marked out，and the foundations to be laid，before any satisfactory structure of criminal law could be raised，differed widely from those of his colleagues. He had little confidence in the efficacy of Commissions for constructive purposes. He said to me，‘If they would give me two hundred a year for two years，I would shut myself up in a garret，and at the end of that time I would produce a complete map of the whole field of Crime，and a draft of a Criminal Code. Then let them appoint a Commission to pull it in pieces.’He used to come home from every meeting of the Commission disheartened and agitated，and to express his repugnance to receiving the public money for work from which he thought the public would derive little or no advantage. Some blurred and blotted sheets which I have found，bear painful and affecting marks of the struggle that was going on in his mind，between his own lofty sense of dignity and duty，and those more ordinary notions which subordinate public to private obligations. I have also found the commencement of a project of a Criminal Code drawn up at that time.About the same time，he had arrived at the conviction that，as a teacher of Jurisprudence，he had nothing to hope. The insufficiency of the legal education of the country had for some time attracted the attention of the more enlightened part of the profession；and it was at length determined，by the Society of the Inner Temple，that some attempt should be made to teach the principles and history of jurisprudence. Among the most earnest promoters of this scheme was Mr. Austin's friend，Mr. Bickersteth，afterwards Lord Langdale. In the year 1834，Mr. Austin was accordingly engaged to deliver a course of lectures on jurisprudence at the Inner Temple. Had this appointment been made under different conditions，it was one which he would have preferred to any other，however distinguished or however lucrative. Unfortunately，it was not of a kind to give him the security and confidence he wanted. He was invited to undertake the discouraging task of trying to establish a new order of things，without the certain，though distant，prospect which usually cheers the pioneer in such an enterprise. His appointment could only be regarded as an experiment. This uncertainty weighed upon him from the first. He was，as I have said，disqualified by nature from all work of a passing and temporary sort；and in order to labour with courage and animation，he needed to see before him a long period of persistent study，and security from harassing anxiety. His precarious health and depressed spirits required every possible support；and he was but too easily disheartened at what he thought the want of confidence in the scheme，or in him，evinced in a merely tentative appointment.It was also clear that the same causes which rendered the appointment to a Chair of Jurisprudence abortive at the London University，were in operation（perhaps to a still greater extent）in the Inns of Court. The demand for anything like scientific legal education had to be created. The eminent lawyers who had adorned the English bar and bench（of whose great faculties no one had a higher admiration than Mr. Austin）had been formed by a totally different process；and the young men entering on the profession were，for the most part，profoundly indifferent to any studies but those which had enabled their predecessors to attain to places of honour and profit. Thus depressed by failure；unsustained by sympathy in his lofty and benevolent aspirations，or by recognition of his value as a teacher；agitated by conflicting duties，and harassed by anxiety about the means of subsistence，it is no wonder that his health became sensibly worse. The severe feverish attacks to which he had always been subject，became more and more frequent and violent；and often，after preparing a lecture with great care and intense application，he was compelled，on the day when it should have been delivered，to send messengers round to the gentlemen of his class，to announce his inability to attend. He soon saw the inutility of struggling against such obstacles，He resolved to abandon a conflict in which he had met with nothing but defeat，and to seek an obscure but tranquil retreat on the Continent，where he might live upon the very small means at his disposal.He quitted England with a strong feeling of the disadvantage at which a man like himself，devoted exclusively to truth and to the permanent good of mankind，stood，in a country where worldly success is not only the reward，but the test of merit；and where，unless he advances in certain beaten tracks，he arrives at nothing，except neglect and a sort of contemptuous wonder. He felt this keenly，and said to the one person to whom he ever talked freely of himself，‘I was born out of time and place. I ought to have been a schoolman of the twelfth century—or a German professor.’The position of such illustrious and revered teachers as Hugo and Savigny seemed to him the most enviable in the world. The pecuniary inferiority of such a position，compared with the profits attending the practice of law in this country，was not a consideration to which his mind could easily descend.He had been settled at Boulogne about a year and a half，when a proposal was made to him by the Colonial Office，through his much esteemed and faithful friend Sir Janies Stephen，to go to Malta as Royal Commissioner，to inquire into the nature and extent of the grievances of which the natives of that island complained. He accepted an appointment for which he was indeed peculiarly fitted. Justice and humanity were parts of his nature，and were fostered by reason and by study. He had no sympathy with the insolence of a dominant race，and he was not likely to view with indulgence，violations of the conditions under which England had accepted the voluntary cession of Malta by its inhabitants. On the other hand，his sagacity，knowledge，and strict sense of justice rendered him inaccessible to fantastic schemes or groundless complaints. Aided by his able and accomplished colleague Mr.（now Sir）George Cornewall Lewis，he rendered to the island services which attracted little attention in England，but are remembered with lively and affectionate gratitude in Malta.He had the satisfaction of seeing every measure he recommended adopted by the Colonial Office；and he always looked back with great satisfaction to his connection with two men for whom he entertained so sincere a respect as Lord Glenelg and Sir James Stephen. But here another disappointment awaited him. After the reform of the tariff（which Sir James long after called，‘the most successful legislative experiment he had seen in his time’），and of various parts of the administration of the island，Mr. Lewis having been recalled to England to preside over the Poor Law Board，Mr. Austin was preparing to enter upon his more peculiar province，—legal and judicial reform. Lord Glenelg，however，was no longer in office，and the Commission was suddenly brought to a close by his successor. No reason was assigned，nor was Mr. Austin's abrupt dismissal accompanied with a single word of recognition of his services. It remained for the Maltese to acknowledge them.‘Such was the man，’says a Malta journal，in an article announcing his death.‘to whom the Maltese must ever feel grateful for their improved condition as a people，and for the many privileges they now enjoy；and most of all for the liberty of the press under which we are now writing. It cannot be disputed that the inhabitants of this island are greatly advanced in the scale of civilisation，both politically and socially，and rendered more essentially British in civil polity and institutions，by the measures adopted on the recommendation of the Commission presided over by Mr. Austin.’It is indeed but too probable that the state of his health would have incapacitated him for the work he projected. But he frequently said to me，that if，as he presumed，the Colonial Office wished to put an end to the expense of the Commission，he would have continued to live in the island in a private and humble manner，till he had introduced something like order into the heterogeneous mass of laws bequeathed by the successive masters of Malta. It was，however，fortunate that he was not permitted to attempt a task to which his strength was so inadequate.In giving this short account of his troubled life and baffled designs，my object has only been to show what were the circumstances by which he was forced out of the track on which he had entered，and in which his whole mind and soul were engaged；and why it was that he seemed to abandon the science to which he had devoted his singular powers with so much ardour and intensity.It was this very ardour and intensity，this entire absorption in his subject，which rendered it impossible to him to resume，at any given moment，trains of thought from which his mind had been forcibly diverted. It belonged to the n