The considerations urged in this Lecture are of peculiar importance in this country, or at least in States where the law is as it stands in Massachusetts
The considerations urged in this Lecture are of peculiar
importance in this country, or at least in States where the law
is as it stands in Massachusetts
The considerations urged in this Lecture are of peculiar
importance in this country, or at least in States where the law
is as it stands in Massachusetts. In England, the judges at nisi
prius express their opinions freely on the value and weight of
the evidence, and the judges in banc, by consent of parties,
constantly draw inferences of fact. Hence nice distinctions as to
the province of court and jury are not of the first necessity.
But when judges are forbidden by statute to charge the jury with
respect to matters of fact, and when the court in banc will never
hear a case calling for inferences of fact, it becomes of vital
importance to understand that, when standards of conduct are left
to the jury, it is a temporary surrender of a judicial function
which may be resumed at any moment in any case when the court
feels competent to do so. Were this not so, the almost universal
acceptance of the first proposition in this Lecture, that the
general foundation of liability for unintentional wrongs is
conduct different from that of a prudent man under the
circumstances, would leave all our rights and duties throughout a
great part of the law to the necessarily more or less accidental
feelings of a jury.
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