Jonathan Drake begins a new series with the first episode of his deep dive into Lysander Spooner’s An Essay on the Trial by Jury, framing it as the next critical pillar in understanding natural law after concluding No Treason: The Constitution of No Authority. He walks through Spooner’s argument that true liberty depends on juries judging not just facts, but the justice of laws themselves, placing ultimate authority in the hands of the people rather than the state. Jonathan traces the ancient roots of trial by jury through English common law, the Magna Carta, and the American founding, contrasting “trial by country” with modern courtrooms that function as trials by government. Using the Tina Peters case as a modern example, he explains how judicial control of evidence and jury instruction has hollowed out the system while preserving its appearance. This episode lays the philosophical groundwork for why jury nullification, unanimity, and random selection are essential safeguards against despotism, and why reclaiming this knowledge may be one of the last peaceful checks on unchecked power.
