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This essay comments on whether the democratic virtues that are commonly associated with the jury system validate it in a rule-based system of justice. It ponders whether the fact that the jury system may have functioned in earlier nondemocratic times as a means of checking the abuse of governmental power continues to lend it legitimacy in an era of popular democratic governance. This is very much a preliminary work in progress. The author requests that any references to it explicity identifies it as such.

Jury Trial and Democratic Values: On the Twenty-First Century Incarnation of an Eighteenth Century Institution