An Essay on the Trial by Jury
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About this book
The power to judge a law's fairness lies at the center of Lysander Spooner's argument about trial by jury. He argues that jurors must weigh the justice of laws as well as the facts before them. His account treats the jury as a safeguard for individual liberty and draws on Magna Carta and English common law to support that position. Published in 1852, the volume addresses jury powers in both Britain and the United States.
The chapters examine jurors' oaths, civil disputes, the authority of judges, and limits on majority rule. In the discussion of property rights, Spooner tests whether juries can consistently follow different principles in civil and criminal cases. Readers interested in political philosophy or the history of legal institutions will find a sustained argument about conscience, public consent, and the reach of government power.
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Book facts
- Author
- Lysander Spooner
- Genre
- Political Philosophy
- Formats
- PDF, EPUB, Read online