On the record
If they are paramount in both, then all legislation goes only for what it may chance to be worth in the estimation of a jury.
Said by
Lysander Spooner
Source
gutenberg.orgIf they are paramount in both, then all legislation goes only for what it may chance to be worth in the estimation of a jury.
Spooner suggests that if juries are paramount in both civil and criminal cases, legislation's value is determined by juries.
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More from Lysander Spooner
Juries would refuse to enforce a tax against a man who had never agreed to pay it.
When two men meet one upon the highway, or in the wilderness, have they a right to dispose of his life, liberty, or property at their pleasure, simply because they are the more numerous party?
Proud from victory, and with their swords in their hands, would they surrender their liberties to a private man?
In that case the trial is really a trial by the government, and not by the jury.