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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


There is no particle of truth in the notion that the majority
have a right to rule, or to exercise arbitrary power over, the
minority, simply because the former are more numerous than the
latter. Two men have no more natural right to rule one, than one
has to rule two. Any single man, or any body of men, many or few,
have a natural right to maintain justice for themselves, and for
any others who may need their assistance against the injustice of
any and all other men, without regard to their numbers; and
majorities have no right to do any more than this. The relative
numbers of the opposing parties have nothing to do with the
question of right. And no more tyrannical principle was ever
avowed, than that the will of the majority ought to have the
force of law, without regard to its justice; or, what is the same
thing, that the will of the majority ought always to be presumed
to be in accordance with justice. Such a doctrine is only another
form of the doctrine that might makes right.


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