If, on the other hand, the rule of decision be these principles of natural equity and justice, which constitute, or at least are embodied in, the general conscience of mankind, the people are free in just so far as that conscience is enlightened.
Lysander Spooner: “If, on the other hand, the rule of decision be these principles of natural equity and justice, which constitute, or at…”
Editor's note · Context
Spooner posits that the people's freedom is directly related to their understanding of natural equity and justice.
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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…
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.
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.
Practically speaking, no government knows any limits to its power, except the endurance of the people.