Skip to main content

Politics & Power Quote by Lysander Spooner

"If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law"

About this Quote

Spooner is trying to blow up the comforting civic fairy tale that law automatically equals justice. In this line, he treats the jury box less like a fact-finding workstation and more like the last pressure valve in a system that otherwise concentrates power upward. If jurors are reduced to clerks who merely apply statutes, he argues, then the state can legalize its own abuses and still claim legitimacy. The point isn’t abstract: it’s a warning about how oppression often arrives wearing paperwork.

The specific intent is radical and strategic. Spooner wants juries to claim the authority to judge not only whether someone broke a law, but whether the law deserves obedience at all. That’s jury nullification before the phrase became a culture-war talking point: a theory of citizen resistance embedded inside a courtroom routine. His subtext is distrust of institutional self-policing. Legislatures, executives, and courts can align; procedure can launder coercion into “due process.” The jury, pulled from ordinary people, is his antidote to a professional governing class.

Context matters because Spooner is writing in 19th-century America, when battles over slavery, fugitive slave laws, and federal power made “law” a moral trap as often as a civic good. He’s also a libertarian abolitionist suspicious of the Constitution itself. The sentence works because it sets a stark binary: either jurors can judge justice, or the people have no meaningful shield. It’s not subtle, and that’s the point. Spooner’s rhetoric refuses compromise with the idea that legality is a moral alibi.

Quote Details

TopicJustice
SourceTrial by Jury (essay), Lysander Spooner, 1852 — Spooner's essay on jury nullification contains the cited passage asserting juries may judge the justice of laws.
Cite

Citation Formats

APA Style (7th ed.)
Spooner, Lysander. (2026, January 16). If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law. FixQuotes. https://fixquotes.com/quotes/if-the-jury-have-no-right-to-judge-of-the-justice-88439/

Chicago Style
Spooner, Lysander. "If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law." FixQuotes. January 16, 2026. https://fixquotes.com/quotes/if-the-jury-have-no-right-to-judge-of-the-justice-88439/.

MLA Style (9th ed.)
"If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law." FixQuotes, 16 Jan. 2026, https://fixquotes.com/quotes/if-the-jury-have-no-right-to-judge-of-the-justice-88439/. Accessed 9 Feb. 2026.

More Quotes by Lysander Add to List
Jury's Role in Justice: Lysander Spooner's Insight
Click to enlarge Portrait | Landscape

About the Author

USA Flag

Lysander Spooner (January 19, 1808 - May 14, 1887) was a Philosopher from USA.

4 more quotes available

View Profile

Similar Quotes

Cecil B. DeMille, Producer