Update 08-courts-apologia.md

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2020-10-09 01:33:48 +11:00
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Traditionally speaking, we tend to think that common law is a process which attempts to make a man subject only to those laws which his fellow man would hold him subject to - and this is the purpose of the jury: the jury has the power to acquit a defendant who has violated a law which the common people do not believe is just. Traditionally speaking, we tend to think that common law is a process which attempts to make a man subject only to those laws which his fellow man would hold him subject to - and this is the purpose of the jury: the jury has the power to acquit a defendant who has violated a law which the common people do not believe is just.
Common law attempts to act grant the common man a veto over the government's power both in the sense that: Common law attempts to grant the common man a veto over the government's power both in the sense that:
- It is a jury of common men who reason over the facts and the law. Recall that in a court of record, the magistrate is **not** a judge and does **not** have the power of tribunal, and is merely a staff of the plaintiff's court, so the government's power over the proceeding is curtailed severely. - It is a jury of common men who reason over the facts and the law. Recall that in a court of record, the magistrate is **not** a judge and does **not** have the power of tribunal, and is merely a staff of the plaintiff's court, so the government's power over the proceeding is curtailed severely.
- The jury's own powers of reasoning determine the judgment, and not the preferences of the government's judge, usurping power to act as a judge within a court of record where he should be only a magistrate. - The jury's own powers of reasoning determine the judgment, and not the preferences of the government's judge, usurping power to act as a judge within a court of record where he should be only a magistrate.