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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


Government is established for the protection of the weak against
the strong. This is the principal, if not the sole, motive for
the establishment of all legitimate government. Laws, that are
sufficient for the protection of the weaker party, are of course
sufficient for the protection of the stronger party; because the
strong can certainly need no more protection than the weak. It
is, therefore, right that the weaker party should be represented
in the tribunal which is finally to determine what legislation
may be enforced; and that no legislation shall be enforced
against their consent. They being presumed to be competent judges
of what kind of legislation makes for their safety, and what for
their injury, it must be presumed that any legislation, which
they object to enforcing, tends to their oppression, and not to
their security.
There is still another reason why the weaker party, or the
minority, should have a veto upon all legislation which they
disapprove. That reason is, that that is the only means by which
the government can be kept within the limits of the contract,
compact, or constitution, by which the whole people agree to
establish government.


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