The North American Review, Vol. 139 (Classic Reprint)
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Excerpt from The North American Review, Vol. 139 It is by no accident that this system has been associated with free institutions. And although we may not go as far as De Tocqueville when he says that "the practical intelligence and political good sense of the Americans are mainly attributable to the long use which they have made of the jury in civil causes"; yet we shall agree with him that "it teaches men to practice equity; every man learns to judge his neighbor as he would himself be judged; ... and this is the soundest preparation for free institutions." Addressing ourselves now more particularly to the comparative value of this system as a means of determining legal controversies, we are impressed with the fact that the common law itself has grown up alongside of, and has been established in its principles with a reference to, the trial by jury; so that the latter has become a congruous part of the former. Certain elementary rules of law are so closely associated with this system of procedure that change in one would require alteration of the other. Let us take an illustration from the criminal, and also one from the civil law. Conviction of a crime can only be had when the jury are satisfied of the truth of every essential allegation of the Government beyond "a reasonable doubt." Define this term, or leave it as a phrase, the meaning of which is better felt than explained; in either case one sees that the reasonable doubt of twelve jurors is a different thing from the reasonable doubt of a judge. Where there is a strong trend of opinion in a jury toward the guilt of a defendant, each man´s conviction naturally strengthens that of his fellow, and makes a doubt seem unreasonable which might seem otherwise, if there was no comparison of opinion. So, too, the reasonable doubt of a judicial temperament trained to an appreciation of all the possible aspects of evidence, and with a morbid sense of responsibility, - causing even resolution to be "sicklied o´er with the pale cast of thought," - is one thing, and the reasonable doubt of a plain man of action, accustomed to decide upon quick impressions, and not upon subtle reasoning, is quite another. It is one of the familiar principles of the law of negligence that a plaintiff in order to recover must show that he himself exercised due care; and that is defined to be "such care as men of ordinary prudence and capacity would take under like circumstances in the conduct and management of their own affairs." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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