On the record
That it is a maxim of the law, that the judges respond to the question of law, and juries only to the question of fact.
Said by
Lysander Spooner
Source
gutenberg.orgLysander Spooner: “That it is a maxim of the law, that the judges respond to the question of law, and juries only to the question of fact.”
Editor's note · Context
Spooner emphasizes the distinct roles of judges and juries in the legal process.
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More from Lysander Spooner
From the sale of that justice which every citizen has a right to demand, it was an easy transition to withhold or deny it.
And nobody is bound to take the least notice of them, unless it be to trample them under foot, as usurpations.
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.
In nearly or quite all the States of the United States the juries are illegal, for one or the other of the same reasons that make the juries in England illegal.