On the record
The will, or the pretended will, of the majority, is the last lurking place of tyranny at the present day.
Said by
Lysander Spooner
Source
gutenberg.orgThe will, or the pretended will, of the majority, is the last lurking place of tyranny at the present day.
Spooner critiques the idea that the majority's will is inherently just, calling it a form of tyranny.
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The answer is, that they are as reliable for that purpose as are the majority; they are as much presumed to have associated, and are as likely to have associated, for that object, as are the majority; and they have as much interest in such…
Juries would refuse to enforce a tax against a man who had never agreed to pay it.
Since Magna Carta, we have evidence showing quite conclusively that all freemen, above the age of twenty-one years, were eligible as jurors.
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.