On the record
It is clearly impossible, in the nature of things, for a jury to try, a question of fact, without trying every question of law on which the fact depends.
Said by
Lysander Spooner
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gutenberg.orgLysander Spooner: “It is clearly impossible, in the nature of things, for a jury to try, a question of fact, without trying every question…”
Editor's note · Context
Spooner argues that juries cannot determine facts without also addressing the legal questions involved.
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More from Lysander Spooner
Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.
Therefore all their laws, as they call them,--that is, all the laws of their own making,--have no color of authority or obligation.
It is also sheer impudence, on their part, to assume that their commands are at all necessary to teach other men what is, and what is not, justice.
And he can rightfully be held to no greater knowledge of the law than this.