An Essay on the Trial by Jury

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

The author argues that juries serve as a popular check on government power and have the right and duty to judge both facts and the justice of laws, grounding this claim in Magna Carta and common-law principles. Chapters trace historical foundations, analyze jurors' oaths and powers in civil and criminal cases, critique modern practices that render juries and judges illegal, and propose reforms for the free administration of justice. The essay addresses criminal intent and moral responsibilities for jurors, outlines limitations on majority rule within jury deliberations, and includes an appendix on taxation.

By Lysander Spooner

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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.