[Letter] 1830 August 7 [to] Mrs Austin, Park Road
7th August 1830
Dear Mrs Austin
At your request I put into writing
what I said to you the other night on the subject
of Mr Austin’s lectures. What appears to me of most
importance is that he should not spend time in
endeavouring to make the lectures which have been
already delivered, better than they are. They stand
greatly in need of curtailment, but I do not believe
that there is a single member of the class who would
wish them to be changed in any other respect. There
is only one opinion expressed in the lectures which
I have heard controverted at all; & the manner
of exposition has excited the admiration of every
body. The only fault found is, that the different
points are over explained; that they are dwelt
upon longer & repeated oftener, than is necessary
to a complete understanding of them. I am certain
that all which the class would desire in respect
to the earlier lectures is that they should be
very much abridged & perhaps many of the
historical details dispensed with altogether;not
because those details are not considered useful
& interesting, but because it is impossible to do every
thing, and because there are other things which they
are much more anxious to know.-Though the
class were extremely delighted with the course
as far as it went, they certainly were very much
disappointed that Mr Austin did not get through
a greater portion of the subject; & they anticipate
with great pleasure the completion of it in the
lectures on which he has obtained for them the
privilege of attendance, at the conclusion of the
next year’s course. The only thing which in
my opinion could at all endanger the perma-
nent success & utility of the professorship, would
be his not being able to include a view of all
the essential parts of the science in his next
series of lectures. Now the present class very
well know that next to his health, the
great cause of his getting through so little
was his being obliged to prepare his lectures
as he went on, not having them ready written.
If he spends any time in improving his present
lectures, more than is necessary for sufficiently
shortening them, he will be in precisely the
same difficulty, with the remainder of his
subject, as he was this year with the whole of it.
On the contrary, if he contents himself with using
the scissors abundantly, & sets about the preparation
of the subsequent lectures immediately, he will be
several months in advance, & will be able, without
that fatigue & harassing excitement which destroy
his health, to prepare the lectures carefully, include
a large portion of the subject in each, & avoid
repetition & over explanation.
I would not recommend his continuing the
Tables at present, as those which are printed embrace
the entire field of law, & it is of so much more
importance that he should complete his course of
lectures next year.
From the very high opinion which has been
expressed of the last course by those to whom I
have lent my notes, I have considerable hopes
that the class next year will be satisfactory
in respect of numbers. But I should not be at
all discouraged even if the number was small-
because it is only a complete course, which can
do much to spread the reputation of the lecturer.
If he should be able to complete the subject next
year, I have not the least doubt that he will
have a numerous class the year after.
I deem it however of the greatest importance
with a view to his class next year, that he
should deliver an interesting introductory
lecture. I knew his well grounded aversion to
vague generalities, & I know as certainly as he
does, that it is impossible to teach any thing
that is worth knowing of a whole science, in
a short general view. But it is not necessary
that an introductory lecture should be an
abridged view of the science. The best introduc-
tory lectures extant are not so: Brown’s intro-
ductory lecture to his course of metaphysics for
example. The proper notion of an introductory
lecture seems to be that it should resemble
the preface to a book, which gives the reasons for
writing the book & the reasons for reading it. Es-
pecially on the moral sciences, whose rank as
sciences or where scientific character itself is
not generally recognized, there seems to be an
ample field for remarks of a most useful
description in opening a course of lectures. He
might explain, what is meant by general juris-
prudence: in what respect a course of jurisprudence
differs from a course of lectures on the law of any
particular country, & also from lectures on the
science or art of legislation: the grounds of the
opinion, that there really is a science of general
jurisprudence, & that it is worth studying:
proof of the perverting & confusing effect of the study
of law as it is commonly pursued, without
being accompanied by the study of jurisprudence:
examples of the erroneous notions usually
formed as to what jurisprudence is, & the silly
talk of Blackstone, & others of our lawyers, when
they erect the technical maxims of their own
law into principles of jurisprudence. All these
topics, with a hundred others of the same kind, which will occur to
Mr Austin himself, would afford ample mate-
rials for a highly useful introductory lecture,
& one which need not be chargeable with vague-
ness or generality. I am satisfied, & so are several
others of the class, that if his introductory
lecture of last year had treated of these topics,
in the manner in which we
all know he would have
treated them if at all, his
class would have been
twice as numerous as it was.
I am quite convinced that if he delivers a
lecture of this kind next year, he will have
a numerous class, & that if he does not,
he will have a comparatively small one.
But if he will not write such a lecture
as this, let him not think of writing another
but deliver the first lecture of the course itself,
as his introductory lecture. The general remark
last year in his class room after the close of his
lecture on Law in general, was, that it was very
unfortunate that he had not delivered that very
lecture instead of his introductory one.
Yours affectionately J. S. Mill.
P.S. The one opinion which, as I mentioned
in the letter, has been controverted, is
this: that every right of action
must be founded on an injury.
Excuse bad penmanship, as I write
unavoidably in haste.