If it be asked what provision the trial by jury makes for such cases, the answer is, it makes none; and justice must fail of being done, from the want of its being made sufficiently intelligible.
Spooner concludes that the trial by jury lacks provisions for cases where justice is not clearly defined.
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All those who are not forbidden by law may be judges (jurors).
It would also be making them consent to what they regard as the destruction of their own rights.
They cannot claim or expect that the whole people shall practise the folly of taking on trust their pretended superior knowledge, and of committing blindly into their hands all their own interests, liberties, and rights, to be disposed of…
And he can rightfully be held to no greater knowledge of the law than this.