A Logical Analysis of the Rise and Fall of the American Jury System from the Perspective of Populism
There have been numerous studies on populism and the American jury system,but few studies have focused on the logical connection between them-that the populist lineage of American meritocracy grants the jury system populist nature.Fol-lowing the logic of the influence populism exerts,we can outline the logic of the rise and fall of the political and judicial value of the jury system.In the process of American political democratization,the jury system was utilized by the elites to break the old hegemony to guarantee freedom,promote democracy,thus the political value of the jury was realized.As American meritocracy increasingly marginalizes democracy,the jury system is suppressed by elites due to its democratic and anti-elite nature,and its function of democratic checks and balances is considered to be contrary to the rule of law and thus suppressed,so its political value was eroded.At the same time,as a judicial system,the moral homogeneity of the jury system and the respect for the com-mon sense of the jurors can provide legitimacy for the old-fashioned trial.However,the unstable,anti-intellectual,racially discriminatory and inefficient jury verdict is contrary to the rational,fair and efficient values pursued by modern justice,thus its judicial value is weakened.The populism perspective can integrate the political and legal reasons for interpreting the rise and fall of the American jury system,and can also provide explanations for the transplantation and reform of the jury system in other countries.
American jury systempopulismdemocratic politicsjudicial values
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维普
