An Essay on the Trial By Jury

Name: An Essay on the Trial By Jury
Author: Lysander Spooner

The essay contends that juries are empowered to judge not only facts but the justice of the law itself, presenting trial by jury as a popular safeguard against governmental oppression. It marshals historical and legal evidence, including Magna Carta, juror oaths, and common-law practice, to define jurors’ duties in civil and criminal cases, address criminal intent, and outline moral obligations in verdicts. The work critiques contemporary judicial and legislative encroachments that undermine lawful jury authority, considers objections and practical abuses, and closes with discussions of jury power over taxation and proposals for reestablishing a free administration of justice.

By Lysander Spooner

Open in WeRead Explore More Books Like This

Essays, Letters & Speeches History - British Law & Criminology Philosophy & Ethics Politics

About This Book

About the Author

Lysander Spooner

Lysander Spooner was an American legal theorist, abolitionist, and political activist known for his radical views on individual liberty and government authority. He is particularly recognized for his critique of the U.S. Constitution in works like "No Treason, Vol. VI.: The Constitution of No Authority," where he argues against the legitimacy of government power. Spooner also wrote extensively on issues of justice and law, as seen in his influential essays such as "An Essay on the Trial By Jury." His writings advocate for a society based on voluntary cooperation and challenge the moral foundations of slavery and state authority.