Essay on the Trial by Jury

Lysander Spooner

Essay on the Trial by Jury

Essay on the
Trial by

Lysander Spooner LibriVox

Essay on the Trial by Jury
By Lysander Spooner (1808-1887)

“For more than six hundred years that is, since Magna Carta, in 1215 there
has been no clearer principle of English or American constitutional law, than
that, in criminal cases, it is not only the right and duty of juries to judge what
are the facts, what is the law, and what was the moral intent of the accused;
but that it is also their right, and their primary and paramount duty, to judge
of the justice of the law, and to hold all laws invalid, that are, in their
opinion, unjust or oppressive, and all persons guiltless in violating, or
resisting the execution of, such laws.”

So begins Spooner’s epic on the jury, its origins and history. Spooner
examines the history and powers of a jury, from the magna carta in King
John’s time, to the practices in the 18th century. A classic work on law,
Spooner argues that the decision of the jury is sovereign over the king’s law.
(Summary by Bethanne)

Total running time: 11:28:41; read by BethAnne.

This recording is in the public domain and may be reproduced, distributed, or modified without
permission. For more information or to volunteer, visit librivox.org. Cover image taken by O’Neil
(1893). Copyright expired in US, Canada, EU, and all countries with author’s life +70 yrs laws. Cover
design by Janette Brown. This design is in the public domain.

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