FOREWORD<br >THIS BOOK is based on lectures which were delivered at the<br >Ohio State University Law School， in April， I97O. In revis-<br >ing and expanding the lectures for publication， I have<br >retained the somewhat informal style which initially seemed<br >appropriate for material meant to be listened to instead<br >of read. I found that the lecture format presented one<br >unanticipated difficulty when it came to turning the lec-<br >tures into a book. A 16Cturer， out of sympathy for his audi-<br >ence， naturally tries to make his statement as simple and<br >uncomplicated as possible. He avoids qualifications， refine-<br > ments， and collateral developments which， although they<br > might be both relevant and interesting， would be immensely<br > confusing to any audience. He is also under a time limita-<br > tion: whatever he has to say must be said in so many hours<br > of fifty minutes each. There is， however， no reason why<br > the excluded material should not be restored when the<br > lectures are printed. When I endeavored to do this， I discov-<br > ered that the original text no longer opened to accommodate<br > many of my proposed additions. Being loath to scrap what<br > I had and start over from scratch， I found myself resorting<br > to the doubtful expedient of putting what could not be<br > made to fit into the text into discursive footnotes. It has<br > always been my thought that an author should say whatever<br > he has to say in text and use footnotes only for documen-<br >IX<br ><br >