Admitting, for the sake of the argument, that this may be true, the compensation for it is, that positive injustice will also often fail to be done; whereas otherwise it would be done frequently.
He argues that while justice may sometimes fail, the system also prevents positive injustices.
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And yet these reasons, which are really no reasons at all, are the only ones, so far as I know, that have ever been offered for this absurd and brutal doctrine.
Yet the codes of the most celebrated kings are very small, and were little more than compilations of immemorial customs.
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.
Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.