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Culture War Roundup for the week of August 3, 2026

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One of the Anglo things that is commonly criticized in continental Europe is the judicial system. The complaint is usually formulated as "I wouldn't want to delegate the question of guilt to twelve randos that have no understanding of the law". My usual rebuke used to be "if the prosecutor can't explain to random person what the defendant did wrong, what good is this law he's allegedly broken?"

But recently I understood that the benefit of the jury system goes deeper. Most people (citation needed) want to be law-abiding, upstanding citizens. Let's say the laws are so complex that only a judge with a law degree can determine whether someone has broken the law or not. How then can anyone else be sure they are a law-abiding citizen? We want that IQ 85 guy in an ill-fitting rented suit to know deep inside if he's guilty or not. If the law is an overwrought monstrosity that overwhelms the jury, their reasonable doubt about the circumstances of the case is the intended outcome. Laws that govern everyone must be clear to everyone.

One of the Anglo things that is commonly criticized in continental Europe is the judicial system. The complaint is usually formulated as "I wouldn't want to delegate the question of guilt to twelve randos that have no understanding of the law".

This is strawman of the position that it brings laicism into the law. But it is not only about understanding, it brings whole new baggage. There are things like emotional appeals and courtroom theater, there are issues with outside influences by pressure campaigns or even threats to jurors who did not select this as a career. There are issues with tribalism where jury plays favorites or who are set against them, there is a reason why Jim Crow juries is a term. Who knows how jury system will work in Somali communities. There is of course other stuff, we are far from 18th century and juries are there to decide complex fraud schemes, patent litigation and other stuff. It is not just about stealing groceries.

The biggest bonus is ability to insert local values, however this also works against you. If you are known in community as fraudster by hearsay, then good luck. The biggest advantage is extra check on judiciary corruption, however it is also double edged sword as there is no written deliberation of their verdicts and it introduces system uncertainty. This also provides incentive toward frivolous litigation - what if you randomly get a "good jury" and make some free money? Even better if you strike gold and you are sympathetic victim against nameless corporation or goblin like Alex Jones, then you can get 1.4 billion in damages for defamation, basically using the judicial system as class defining wealth transfer.