They are unquestionably in violation of the Common Law, and of Magna Carta, if by them be meant such evidence only as the government sees fit ft allow to go to the jury.
Lysander Spooner: “They are unquestionably in violation of the Common Law, and of Magna Carta, if by them be meant such evidence only as…”
Editor's note · Context
Spooner contends that such limitations on evidence violate both Common Law and Magna Carta, advocating for jurors' rights.
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In this manner all unjust laws are established, and made operative against the rights of the people.
They were even allowed to grant pardon to criminals, and to correct by their clemency the rigors of justice.
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…
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…