16 September 2008

On the annoying inefficiencies of trials and technicalities

No context. Blackstone simply came up recently:
[H]owever convenient these [new methods of trial] may appear at first, (as doubtless all arbitrary powers, well executed, are the most convenient) yet let it be again remembered, that delays, and little inconveniences in the forms of justice, are the price that all free nations must pay for their liberty in more substantial matters; that these inroads upon this sacred bulwark of the nation are fundamentally opposite to the spirit of our constitution; and that, though begun in trifles, the precedent may gradually increase and spread, to the utter disuse of juries in questions of the most momentous concerns.
4 Commentaries on the Laws of England 343-344 (1769).

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