On the record
If it were left to the king to fix the punishment, he might often have motives to inflict cruel and oppressive ones.
Said by
Lysander Spooner
Source
gutenberg.orgIf it were left to the king to fix the punishment, he might often have motives to inflict cruel and oppressive ones.
Spooner warns that if the king were to set punishments, he might have incentives to be cruel and oppressive.
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More from Lysander Spooner
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.
If the authority be vested in the government, the governmnt is absolute, and the people have no liberties except such as the government sees fit to indulge them with.
Why should they not have such an administration of justice as they desire, and can understand?
That the legislation of the king was of no authority over a jury, is further proved by the oath taken by the kings at their coronation.