It was another
example of the close connection between philosophic ideas,
political institutions, and the judicial organisation.
The jury, transported to the Continent, in spite of the
improvements recorded by Bergasse in his report to the Constituent
Assembly, on August 14, 1789, was a mere counterfeit of that which
it was, and is, in England. But its political character is still
so attractive that it has many supporters to this day, though the
results of its employment in various countries are not very happy.
Yet, as the jury is a legal institution, we must consider its
advantages and defects, both from the political and from the legal
point of view, and accept the conclusion forced upon us by the
predominance of one or the other.
From the political standpoint, it is unquestionable that the jury
is a concession to popular sovereignty; for it is admitted that
the power of the law not only originates with the people, but is
also directly exercised by them.
The jury may also be a guarantee of civic and political liberties
as against the abuses of government, which are far more easy with
a small number of judges, more or less subordinate to the
government.
Again, the jury may be a means of affirming the sentiment of
equality amongst citizens, each of whom may to-morrow become a
judge of his equals, and of spreading political education, with a
practical knowledge of the law.
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