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 I APPEARANCE AND REALITY IS there any knowledge in the world which is so certain that no reasonable man could doubt it? This question, which at first sight might not seem difficult, is really one of the most difficult that can be asked. When we have realized the obstacles in the way of a straightforward and confident answer, we shall be well launched on the study of philosophy -- for philosophy is merely the attempt to answer such ultimate questions, not carelessly and dogmatically, as we do in ordinary life and even in the sciences, but critically after exploring all that makes such questions puzzling, and after realizing all the vagueness and confusion that underlie our ordinary ideas. In daily life, we assume as certain many things which, on a closer scrutiny, are found to be so full of apparent contradictions that only a great amount of thought enables us to know what it is that we really may believe. In the search for cert...