The reader will find an interesting illustration of the perplexity of Common Sense on this point in Mr. O. W. Holmes, Junior's, book on The Common Law, chap. iii., where the author gives a penetrating discussion of the struggle, in the development of the doctrine of torts in English Law, between two opposing views: (1) that ``the risk of a man's conduct is thrown upon him as the result of some moral short-coming'', and (2) that ``a man acts at his peril always, and wholly irrespective of the state of his consciousness upon the matter''. The former is the view that has in the main prevailed in English Law; and this seems to me certainly in harmony with the Common Sense of mankind, so far as legal liability is concerned; but I do not think that the case is equally clear as regards moral obligation.