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Lieber, Francis:

A REPRINT, WITH SOME ADDITIONS, DOCUMENT: STATE OF NEW YORK, NO. 26. IN CONVENTION, JULY 12, 1867. MEMORIAL FROM DR. FRANCIS LIEBER, RELATIVE TO VERDICTS OF JURORS. NEW YORK, JUNE 26TH, 1867.

[New York: 1867] Broadsheet, 8" x 10.5" with several ink corrections in contemporary hand. Light spotting, Good+ or so. A rare broadsheet legal analysis by Lieber, who "influenced political thought more than any one of his contemporaries in the United States, and is to be regarded as the founder of...political science in this country." Larned 2769 [quoting President Woolsey]. Despite his abolitionist views, he taught at South Carolina College for years. Here he supports the New York Constitutional Convention's proposal "to abolish the unanimity of jurors as a requisite for a verdict in civil cases." Lieber provides a historical sketch of civil jury verdicts, and demonstrates that unanimity has never been a strongly entrenched requirement. "What is unanimity worth when the jury is 'out' any length of time, which proves that the formal unanimity, the outward agreement, is merely accomodative unanimity?" The evil that most requires redress occurs when "the plainest and well-proved atrocity" is unpunished because of one or two "refractory jurors." Not in Sabin, Eberstadt, Decker. 332 NUC 0345958 [3].


Book Id: 16360

Price: $275.00

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