This paper analyzes the arguments developed by those who, especially in Belgium and in France, oppose the trial by jury in criminal cases. After a short history of the origins of the jury system in Greece and England, the paper emphasizes the critiques that have been continuously addressed to the jury system since it was imported within continental Europe by the French Revolution. These critiques are based explicitly upon anti-rhetoric arguments, which challenge the rationality of an oral and accusatory judicial proceeding, and implicitly upon anti-democratic arguments, which deny the citizens the power to judge cases.
Working Paper in French
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