CHAPTER 1. TRIAL BY JURY. SECTION 1 THE RIGHT OF JURIES TO JUDGE THE JUSTICE OF THE LAWS. SECTION II. CHAPTER II. THE TRIAL BY JURY, AS DEFINED BY MAGNA CARTA. SECTION I. THE HISTORY OF THE MAGNA CARTA SECTION II. THE LANGUAGE OF THE MAGNA CARTA CHAPTER III. ADDITIONAL PROOFS OF THE RIGHTS AND DUTIES OF JURORS. SECTION 1. Weakness of the Regal Authority. SECTION II. The Ancient Common Law Juries mere Court of Conscience SECTION III. The Oaths of Jurors SECTION IV. The Right of Juries to fix Sentence. SECTION V. The Oaths of Judges SECTION VI. The Coronation Oath. CHAPTER IV. THE RIGHTS AND DUTIES OF JURIES IN CIVIL SUITS. CHAPTER V. OBJECTIONS ANSWERED. CHAPTER VI. JURIES OF THE PRESENT DAY ILLEGAL. (From : Anarchy Archives.)
PREFACE Perhaps the argument most frequently used by conservative believers in the convenient doctrine of leaving things as they are against those engaged in reformatory efforts of a more or less radical nature is that the "spirit and genius of American institutions" do not admit of the assimilation or acceptance of the proposed innovations. Were one to trust them, the "American institutions" are something so clearly defined, finished, and powerful as to absolutely render it impossible for any inconsistent and discordant element to maintain a vigorous existence within the charmed circle which affords chances of life only to what necessarily and logically flows as a consequence from the fundamental principles supporting the peculiar civilization of this "best government on the face of the earth." We are asked to look upon all that "is," if not as unqualifiedly right and perfect, then as relatively so in the sense of its being the unavoidable outcome of primary conditions.
CHAPTER II THE EXISTENCE OF MATTER IN this chapter we have to ask ourselves whether, in any sense at all, there is such a thing as matter. Is there a table which has a certain intrinsic nature, and continues to exist when I am not looking, or is the table merely a product of my imagination, a dream-table in a very prolonged dream? This question is of the greatest importance. For if we cannot be sure of the independent existence of objects, we cannot be sure of the independent existence of other people's bodies, and therefore still less of other people's minds, since we have no grounds for believing in their minds except such as are derived from observing their bodies. Thus if we cannot be sure of the independent existence of objects, we shall be left alone in a desert -- it may be that the whole outer world is nothing but a dream, and that we alone exist. This is an uncomfortable possibility; but although it cannot be strictly proved...