On the record
They have no rule to go by but their passions and wishes." 8 Term Rep., 428, note.
Said by
Lysander Spooner
Source
gutenberg.orgThey have no rule to go by but their passions and wishes." 8 Term Rep., 428, note.
Spooner critiques the reliance of juries on their emotions rather than legal standards.
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More from Lysander Spooner
In this manner all unjust laws are established, and made operative against the rights of the people.
In that case the trial is really a trial by the government, and not by the jury.
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.
Yet the codes of the most celebrated kings are very small, and were little more than compilations of immemorial customs.