Excerpt from Legal Essays
At the time of his death Professor Thayer was actively at work on a second volume on Evidence. This, as he said in the introduction to his "Preliminary Treatise on Evidence at the Common Law," was to be similar in form to the Preliminary Treatise, but "of a more immediately practical character, giving a concise statement of the existing law of evidence." He hoped to finish the book within a year, and he meant then to publish a single volume on Constitutional Law resembling the Preliminary Treatise in its form and general scope. He had collected much material for both books, but it was not in shape for publication, and to one who knew the standards which he set for himself, and his ceaseless labor in revising and perfecting his work, even when it seemed most complete, the attempt to shape his matter by another hand would be little short of desecration.
It appears from notes in his diary that he also had it in mind in the meantime to collect in book form some of the essays which he had prepared on many different occasions. The shape in which these were left makes this work possible after his death, and it is of special value from the fact that much of the material which would have gone into the proposed treatise on Constitutional Law may be found in these essays. Thus in a measure they preserve the fruits of his long and deep study of constitutional topics.
Some of the essays were prepared for oral delivery, and in some cases for non-professional audiences.
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