Author: Tetman Callis
“Ten miles north of Duxford on a broad thirty-acre slope along Madingley Road lies the American Military Cemetery at Madlingley, a tiny village just west of Cambridge. There are 3,811 Americans buried here, 24 of them unknown. An occasional rose lies at the base of a marble marker, though fewer now than a generation ago, as the personal links between living and dead dwindle. A 472-foot Wall of Remembrance bears the names of 5,125 men, all missing in action.” – John McDonough, “Return to East Anglia”
“The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension.” – Chief Justice Cardozo, Palsgraf v. Long Island R.R. Co.
“The term ‘proximate cause’ is applied by the courts to those more or less undefined considerations which limit liability even where the fact of causation is clearly established. The word ‘proximate’ is a legacy of Lord Chancellor Bacon, who in his time committed other sins. The word means nothing more than near or immediate; and when it was first taken up by the courts it had connotations of proximity in time and space which have long since disappeared. It is an unfortunate word, which places an entirely wrong emphasis upon the factor of physical or mechanical closeness. For this reason ‘legal cause’ or perhaps even ‘responsible cause’ would be a more appropriate term.” – William Prosser, Prosser and Keeton on the Law of Torts
“On August 12 [1942] the Japanese High Command in Tokyo ordered Lieutenant General Haruyoshi Hyakutake’s Seventeenth Army to take over the ground action on Guadalcanal, and Rear Admiral Raizo Tanaka’s Eighth Fleet to take over at sea. The nearest thing at hand for Hyakutake’s use was a 2,000-man force of infantry, artillery, and engineers under Colonel Kiyono Ichiki that had been put together as the landing force for Midway. Tanaka put the first echelon—some 900 men—of Ichiki’s force ashore on Guadalcanal on August 18. What happened now was a calamity for the Japanese. Without waiting for the rest of his men, cocky Colonel Ichiki sent those he had across the sandspit at the Tenaru River against the Marines on the night of August 21. He lost 600 men, accomplished nothing, and expressed his chagrin by committing suicide.” – George McMillan, “I’ve Served My Time in Hell”
“Special emphasis should be laid on the language employed in orders. Leaders of all grades should be trained to test every word, every phrase, every sentence, for ambiguity and obscurity. If, by even the wildest stretch of the imagination, a phrase can be tortured out of its true meaning, the chance is always present that it will be. Short, simple sentences of simple, commonplace words, will go far toward making an order unmistakable.” – George C. Marshall, Infantry in Battle
“Regardless of the occasional exception, the fact remains that planless action is an open invitation to disaster.” – George C. Marshall, Infantry in Battle
“Texas common law is fundamentally premised on individuals’ responsibility for their own actions.” – Justice G. Alan Waldrop, Carter v. Abbyad
“Even if information be lacking, the leader must produce decisions. In most cases a poor decision will be better than no decision at all. Negligence and hesitation are more serious faults than errors in choice of means. No rule can tell us how to time decisions correctly.” – George C. Marshall, Infantry in Battle
“At law, an ‘accident’ refers to some event that did not involve human fault. When a bolt of lightning strikes a house, that is an accident. When a car rolls down a hill because the parking brake was not set and the car hits a pedestrian, that is not an accident; that is negligence.” – Neal R. Bevans, Tort Law for Paralegals
“As a general rule, it is not duress to threaten to do what one has a legal right to do. Nor is it duress to threaten to take any measure authorized by law and the circumstances of the case.” – Judge McCord, Spillers v. Five Points Guaranty Bank
“Maneuvers that are possible and dispositions that are essential are indelibly written on the ground. Badly off, indeed, is the leader who is unable to read this writing. His lot must inevitably be one of blunder, defeat, and disaster.” – George C. Marshall, Infantry in Battle
“Simplicity is the sword with which the capable leader may cut the Gordian knot of many a baffling situation.” – George C. Marshall, Infantry in Battle
“The art of war has no traffic with rules, for the infinitely varied circumstances and conditions of combat never produce exactly the same situation twice. Mission, terrain, weather, dispositions, armament, morale, supply, and comparative strength are variables whose mutations always combine to form a new tactical pattern. Thus, in battle, each situation is unique and must be solved on its own merits.” – George C. Marshall, Infantry in Battle
“In art, ambiguity is not a fault.” – David Manier, “Sex and Lots of It”
“Hitler’s name justifiably stands for all time as that of the chief instigator of the most profound collapse of civilization in modern times. The extreme form of personal rule which an ill-educated beerhall demagogue and racist bigot, a narcissistic, megalomaniac, self-styled national saviour was allowed to acquire and exercise in a modern, economically advanced, and cultured land known for its philosophers and poets, was absolutely decisive in the unfolding of events.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“Few of those forced to account for their actions under Hitler showed remorse or contrition, let alone guilt. With scant exception, they showed themselves, when called to book, incapable of acknowledging their own contribution to the remorseless slide into barbarism during the Nazi era. Alongside the inevitable lies, distortions, and excuses often went, it seems, a psychological block on recognizing responsibility for their actions.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“When you are up against the enemy in close combat, you want smoking boots on the other end. You don’t want a fair fight.” – Lt. Gen. H.R. McMaster Jr., U.S. Army Capabilities Integration Center
“There were still over 65,000 prisoners of numerous nationalities—the majority of them Jewish—in Auschwitz and its numerous subsidiary camps in mid-January 1945, as the Red Army approached. . . . arrangements to evacuate the camps were improvised with great haste. . . . For five days, beginning on 17 January, long columns of emaciated, starving, and frozen prisoners left the camp complex and were driven westwards by SS guards in forced marches of up to 250 kilometres. . . . On 26 January, an SS unit blew up the last of the crematoria in Birkenau. The next day, the SS guards retreated in heavy fighting as Soviet troops liberated the 7,000 exhausted, skeleton-like prisoners they found in the Auschwitz camp-complex. They also found 368,820 men’s suits, 836,244 women’s coats and dresses, 5,525 pairs of women’s shoes, 13,964 carpets, large quantities of children’s clothes, toothbrushes, false teeth, pots and pans, and a vast amount of human hair.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“Riches take to themselves wings, and in a moment least expected elude our grasp.” – Sallie Brock, “The Fall of Richmond”
“There was no way out. The failure of the conspiracy to remove Hitler took away the last opportunity of a negotiated end to the war. For the German people, it ensured the near total destruction of their country. Whatever the varied reactions to the events of 20 July [1944] and their aftermath, ordinary Germans were exposed over the next eight months to the laying waste of their cities in relentless bombing-raids against which there was as good as no defence, to the painful losses of loved ones fighting an obviously futile war against vastly superior enemy forces, to acute privations in the material conditions of their daily lives, and to intensified fear and repression at the hands of a regime that would stop at nothing. The horrors of a war which Germany had inflicted on the rest of Europe were rebounding—if, even now, in far milder form—on to the Reich itself. With internal resistance crushed, and a leadership unable to bring victory, incapable of staving off defeat, and unwilling to attempt to find peace, only total military destruction could bring a release.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“In an assault, actual fear is not a requirement. The victim must simply be apprehensive of the contact. Because awareness is a requirement, a victim cannot be assaulted if he or she is unconscious.” – Neal R. Bevans, Tort Law for Paralegals
“On any given day in a courthouse anywhere in America, you are far more likely to see a civil trial that involves a car wreck or a divorce than a trial involving intentional torts. This is not because people do not intentionally injure each other. Unfortunately, people hurt, maim, and kill each other every day.” – Neal R. Bevans, Tort Law for Paralegals
“In terms of significance, the central myth of art must be the vision of the end of social effort, the innocent world of fulfilled desires, the free human society.” – Northrop Frye, “The Archetypes of Literature”
“The myth is the central informing power that gives archetypal significance to the ritual and archetypal narrative to the oracle. Hence the myth is the archetype, though it might be convenient to say myth only when referring to narrative, and archetype when speaking of significance. In the solar cycle of the day, the seasonal cycle of the year, and the organic cycle of human life, there is a single pattern of significance, out of which myth constructs a central narrative around a figure who is partly the sun, partly vegetative fertility and partly a god or archetypal human being.” – Northrop Frye, “The Archetypes of Literature” (emphasis in original)
“An author’s narrative is his linear movement; his meaning is the integrity of his completed form. Similarly an image is not merely a verbal replica of an external object, but any unit of a verbal structure seen as part of a total pattern or rhythm. Even the letters an author spells his words with form part of his imagery.” – Northrop Frye, “The Archetypes of Literature”
“The unity of a work of art, the basis of structural analysis, has not been produced solely by the unconditioned will of the artist, for the artist is only its efficient cause: it has form, and consequently a formal cause. The fact that revision is possible, that the poet makes changes not because he likes them better but because they are better, means that poems, like poets, are born and not made. The poet’s task is to deliver the poem in as uninjured a state as possible, and if the poem is alive, it is equally anxious to be rid of him, and screams to be cut loose from his private memories and associations, his desire for self-expression, and all the other navel-strings and feeding tubes of his ego. – Northrop Frye, “The Archetypes of Literature”
“The assertion that the critic should not look for more in a poem than the poet may safely be assumed to have been conscious of putting there is a common form of what may be called the fallacy of premature teleology.” – Northrop Frye, “The Archetypes of Literature”
“The texture of any great work of art is complex and ambiguous.” – Northrop Frye, “The Archetypes of Literature”
“For all the continuing (and in some ways astonishing) reserves of strength of the Führer cult among outright Nazi supporters, Hitler had become for the overwhelming majority of Germans the chief hindrance to the ending of the war. Ordinary people might prefer, as they were reported to be saying, ‘an end with horror’ to ‘a horror without end’. But they had no obvious way of altering their fate. Only those who moved in the corridors of power had any possibility of removing Hitler. Some groups of officers, through conspiratorial links with certain highly-placed civil servants, were plotting precisely that. After a number of abortive attempts, their strike would come in July 1944. It would prove the last chance the Germans themselves had to put an end to the Nazi regime. The bitter rivalries of the subordinate leaders, the absence of any centralized forum (equivalent to the Fascist Grand Council in Italy) from which an internal coup could be launched, the shapelessness of the structures of Nazi rule yet the indispensability of Hitler’s authority to every facet of that rule, and, not least, the fact that the regime’s leaders had burnt their boats with the Dictator in the regime’s genocide and other untold acts of inhumanity, ruled out any further possibility of overthrow. With that, the regime had only its own collective suicide in an inexorably lost war to contemplate. But like a mortally wounded wild beast at bay, it fought with the ferocity and ruthlessness that came from desperation.” – Ian Kershaw, Hitler 1936-1945: Nemesis
“By 1944, Hitler was a sick man—at times during the year extremely unwell. Cardiograms, the first taken in 1941, had revealed a worsening heart condition. And beyond the chronic stomach and intestinal problems that had increasingly come to plague him, Hitler had since 1942 developed symptoms, becoming more pronounced in 1944, which point with some medical certainty to the onset of Parkinson’s Syndrome. Most notably, an uncontrollable trembling of the left arm, jerking in his left leg, and a shuffling gait, were unmistakable to those who saw him at close quarters. But although the strains of the last phase of the war took their toll on him, there is no convincing evidence that his mental capacity was impaired. Hitler’s rages and violent mood-swings were inbuilt features of his character, their frequency in the final phase of the war a reflection of the stress from the rapidly deteriorating military conditions and his own inability to change them, bringing, as usual, wild lashings at his generals and any others on whom he could lay the blame that properly began at his own door.” – Ian Kershaw, Hitler 1936-1945: Nemesis