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Juries and Democracy



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Will Saletan has a nice run-down of the Democratic debate. He gives the “most creative argument” award to John Edwards, who said that the tort reformers are against democracy because juries are democracy in action. Actually, this argument is the second most popular self-defense of the trial bar (right after the argument from anecdotes). But the argument is unsound, maybe even hypocritical, since nobody is more intent on keeping people out of the jury box than the trial bar.



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