Jury Quotes - page 4
It is urged in the first place that contempts cannot be crimes, because, although punishable by imprisonment, and therefore, if crimes, infamous, they are not within the protection of the Constitution and the Amendments giving a right to trial by jury, etc., to persons charged with such crimes. But the provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic, living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth.
Oliver Wendell Holmes Jr.
Abélard would find most of his old problems sensitive to his touch today. Time has settled few or none of the essential points of dispute. Science hesitates, more visibly than the Church ever did, to decide once for all whether Unity or Diversity is ultimate law; whether order or chaos is the governing rule of the Universe, if Universe there is; whether anything except phenomena exists. Even in matters more vital to society, one dares not speak too loud. Why, and for what, and to whom, is man a responsible agent? Every jury and judge, every lawyer and doctor, every legislator and clergyman has his own views, and the law constantly varies. Every nation may have a different system. One court may hang, and another may acquit for the same crime, on the same day; and Science only repeats what the Church said to Abélard, that where we know so little, we had better hold our tongues.
Henry Adams