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Trial by jury may be considered in two separate points of view : as a judicial, and
as a political institution. If it entered into my present purpose to inquire how far
trial by jury (more especially in civil cases) contributes to insure the best ...
To look upon the jury as a mere judicial institution, is to confine our attention to a
very narrow view of it; for, however great its influence may be upon the decisions
of the law-courts, that influence is very subordinate to the powerful effects which ...
Now, the institution of the jury raises the people itself, or at least a class of
citizens, to the bench of judicial authority. The institution of the jury consequently
invests the people, or that class of citizens, with the direction of society.” In
England the ...
However clear most of these truths may seem to be, they do not command
universal assent, and in France, at least, the institution of trial by jury is still very
imperfectly understood. If the question arise as to the proper qualification of jurors
, it is ...
jury did in reality, at that period, save the liberties of the country. In whatever
manner the jury be applied, it cannot fail to exercise a powerful influence upon
the national character; but this influence is prodigiously increased when it is
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The social state of these tribes differed also in many respects from all that was seen in the Old World. They seemed to have multiplied freely in the midst of their deserts, without coming in contact with other races more civilized than their own.