And such is the contrast, which the trial by jury presents, to that gambler's and robber's rule, that the majority have a right, by virtue of their superior numbers, and without regard to justice, to dispose at pleasure of the property and persons of all bodies of men less numerous than themselves.
Lysander Spooner: “And such is the contrast, which the trial by jury presents, to that gambler's and robber's rule, that the majority have…”
Editor's note · Context
Spooner contrasts the jury system with the majority rule, emphasizing justice over mere numbers.
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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 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.
Since Magna Carta, we have evidence showing quite conclusively that all freemen, above the age of twenty-one years, were eligible as jurors.
There is no more absurdity in giving a jury a veto upon the laws, than there is in giving a veto to each of these other tribunals.