Why Do Jurors Go On-line?

The discussion that follows is part of a wider investigation that I have undertaken in preparing for a paper to be presented at the International Criminal Law Congress to be held in September 2012. The paper is about the use of social media by jurors, the challenges that this presents to the jury system and how these challenges can be met.

Part of the paper deals with why it is that jurors go on-line, despite admonitions from the Bench. In brief it all has to do with the way in which new information technologies impact upon, enable and change our behaviour. In terms of information flows – which is what a jury trial is all about – the digerati, if I can use that term, find the trial process to be counter-intuitive to their information gathering and processing experience. The discussion below expands upon these observations. Some of the thinking that underpins this discussion was expressed in a much more abbreviated form in my keynote at Nethui on 13 July 2012.

Comments, of course, are welcome and encouraged.

Why Do Jurors Go On-line?

The Internet allows practically anyone anywhere to disseminate information just about everywhere.  Enlightenment era insistence upon essentialist  foundations – be it by way of Locke’s empiricism, Kant’s rational categories or other totalising epistemologies – is being challenged by the digital experience.[1]  Richard Rorty in his forward to Gianni Vattimo’s Nihilism and Emancipation: Ethics Politics and Law said “ the Internet provides a model for things in general – thinking about the worldwide web helps us to get away from platonic essentialism, the quest for underlying natures, by helping us to see everything as a constant new changing network of relations.”[2]

The digital paradigm has resulted in the development of a generation within society who have known nothing else but digital information systems – Marc Prensky’s “digital natives.”[3] Prensky was writing about students and their use of technology but the University students of whom he wrote in 2001 are now adults and available for jury service.

 “They have spent their entire lives surrounded by and using computers, videogames, digital music players, video cams, cell phones, and all the other toys and tools of the digital age.  Today’s average college grads have spent less than  5,000 hours of their lives reading, but over 10,000 hours playing video games (not to mention 20,000 hours watching TV).  Computer games, email, the Internet, cell phones and instant messaging are integral parts of their lives

 It is now clear that as a result of this ubiquitous environment and the sheer volume of their interaction with it, today’s students  think and process information fundamentally differently from their predecessors. These differences go far further and deeper than most educators suspect or realize.”[4]

Prensky’s “digital natives” are “native speakers” of the digital language of computers, video games and the Internet. Those who were not born into the digital world but have, at some later point in life, become fascinated by and adopted many or most aspects of the new technology are “digital immigrants.” Prensky suggests that the difference is important because, like it or not, digital immigrants speak with a different “accent” from digital natives.

 “As Digital Immigrants learn  – like all immigrants, some better than others – to adapt to their environment, they always retain, to some degree, their “accent,” that is, their foot  in the past.   The “digital immigrant accent” can be seen in such things as turning to the Internet for information second rather than first, or in reading the manual for a program rather than assuming that the program itself will teach us to use it. Today’s older folk were “socialized” differently from their kids, and are now in the process of learning a new language. And a language learned later in life, scientists tell us, goes into a different part of the brain.”[5]

 There is a third category which was not referred to by Prensky, but if I can use his language they may be classed as “digital aliens” those who wish to have nothing to do with the digital paradigm, who do not wish to engage with the new technology or will not do so, and who resist the changes that new technologies demand of them. This grouping is normal in the introduction of a new technology. It is part of the normal co-existence of technologies until a new technology has been universally received, and the digital natives become an overwhelming majority.[6]

The closed system of the jury trial, contained by strict rules which discourage initiative and activism by the jurors, is premised on the assumption that jurors will accept the authority of the court to guide them and are willing to base their decision only on what the lawyer present[7]  does not mesh with the experience and values of the digital native juror or perhaps even many digital immigrants.

Jurors are:

a)  only presented with the evidence that they are allowed to consider.

b) The evidence has been vetted, filtered, and mediated by the Judge and the lawyers.

c) Jurors are forbidden from taking the initiative and finding out information on their own.

d) They are told to be largely passive and are told (at least in the United States) that they cannot discuss the evidence or the case with one another until it is time for deliberation.

e) In the United States they are discouraged from asking questions during trial and once they are told to deliberate they are unable to obtain or be supplied with any new information or evidence even where they find significant gaps in what they have been told.

f) Finally they have to decide the case on the basis of legal rules articulated by the Judge and they cannot use their own values or moral sense.

 This runs up against what could be described as the values of the Internet and the digital age or at least a perception of the relationship between information provided by the Internet and Internet users.

One of the early slogans of the Internet and the digital age was the cry that information wants to be free.  This didn’t refer only to the cost of obtaining information but also the concept that information, and especially information on the Internet, should not be controlled by governmental or corporate sources nor should it be reserved for a privileged few.[8]  The ultimate user of the information should be capable of evaluating sources of varying quality and make his or her own decision about what to use, rely on it or what to discard.  The information available on the Internet is broad in nature.  The individual must sort through the results and the user must decide what the value and explore and what to discount.

Unlike information at trial where a juror may not be able to examine the exhibits until deliberations, the Internet user with electronic devices can access information immediately from virtually any location, save it or retain it or bookmark it and review it as often as desired and also link it to other information.

The Internet allows the user to discuss any subject, public or private, with other people at any time of the day or night in considerable detail or within the 140 character limitation of Twitter. It should not, therefore, be surprising for a digital native – one used to the world of the Internet and social media – that the methods and form of acquiring information in a trial may seem stifling, inefficient and unduly restrictive.[9]

Another reason why jurors may wish to have resort to the Internet has to do with their perceived role in the process. Morrison makes the observation that jurors are often trying to gain information about the defendant’s background, the circumstances of the case and the effects of the law in an effort to achieve the most accurate result.  She argues that such attempts may not reflect misconduct so much as a misplaced sense of responsibility to render the right decision.[10]

Internet access may be giving juries a means, although unauthorised, of sending a signal that they are frustrated with the restrictions associated with their role.  Morrison suggests that juries seem to have been relegated to players within the trial process whose information about what is going on is severally constrained by the Judges, the lawyers and the rules of evidence.[11]  The Internet’s “democratisation” of information has extended to the jury room and the emerging issue of Internet use by jurors may reflect in attempt to regain a measure of control over the proceedings that has since been given over to the legal profession.

The trial process and the rules of evidence reflect a concern that the wrong kind of evidence will distract jurors or cause them to decide on emotional or irrational bases.  The result is that jurors operate in a highly restrictive, formalistic environment that ensures that only some relevant information will be admitted. Some jurors may feel that the lawyers and the Judge form some sort of elite club from which they are excluded, as if the adversarial system is “based on the Judge and the Attorneys being in the know about everything and the jury being in the dark”.   This may not be new.  What has changed, however, is the jurors’ ability to do something about it,[12] and jurors, like other people, are generally unable to disregard information that they know and that they consider to be relevant, whether they ought to or not.[13]

Furthermore, juror “research” may amount to more than the perusal of on-line newspapers.

a)         on-line activity has become fully embedded in most people’s everyday lives.  While a juror might refrain from reading the paper, it might be impossible to refrain from checking in RSS feed.

b)         Information may be available from websites that contain legal information, case law databases, legal blogs or targeted sites that contain details of previous convictions such as a site operated by the Sensible Sentencing Trust.[14]

c)         In addition, there is almost limitless information available on the Internet even about facts or individuals which would not otherwise be deemed news worthy.

d)         because there is no system of fact checking on the web information may be incomplete erroneous or false.

 Part of the difficulty is that courts operate on the assumption that jurors will abide by legal instructions but the psychological literature and empirical studies show that jurors frequently misunderstand these.[15]  The Internet, with its virtual connections that seem almost – but not quite – real, confuses jurors further.  It provides an opportunity to check and to ensure that the right result is being reached as a way of ensuring that decision making freedom is maintained. The conflict models of the adversarial system seem to be yielding to alternative truth-seeking strategies.

Yet there is more to it than that, and to a large degree it has to do with the way in which we respond to new communication technologies. Morrison describes this as the “siren song” of the web.[16]  The Internet represents a different paradigm in communications technology – part of what may be referred to as the Digital Paradigm. It is quite different from other media that have gone before.  As one psychologist put it “being highly interactive, computers are much more captivating than passive media such as television.”[17]  This takes McLuhan’s theory of “hot” and “cool” technologies a step further.[18]  The difference between reading, for example, and television depended upon the level of engagement with the medium.  The level of interactivity with the medium, as far as the Internet is concerned, is significantly higher than with a book or with a television programme. And it must be remembered that the Internet is more than just an information platform and has moved to the interactive and participatory world that is Web 2.0 enabling the launch of Wikipedia, YouTube, Facebook, Myspace and Twitter.  The Internet has become a kind of universal companion that enables people to confide, exhibit themselves and vent their frustration in ever increasing numbers.[19]

Yet the Internet works in other ways. There is an illusion of anonymity. Immediacy encourages transgressions through the phenomenon of dis-inhibition which leads to impulsive behaviour.[20]  Psychologists have found that people are less inhibited and reveal more about themselves on-line because they feel invisible and protected by the Internet’s seeming anonymity.  Some people prefer to interact on-line rather than face-to-face. According to one psychiatrist, deficits in insight and judgment maybe especially obvious in the context of Internet behaviour.[21] Furthermore there is often an element of dissociation with reality which encourages a certain amount of unjustified self-confidence that a particular behaviour will go unnoticed, is not wrong or is being performed in a space – often in the private space  of a room in a home or an apartment – which lends a certain justification to the behaviour.[22] In the same way that the computer criminal is a greater threat to the community in terms of the nature of his criminality than the fraudster who presents a credit card across a counter – simply because the computer criminal does not have to interact with other people in the pursuit of his crime – the juror feels likewise alienated from the court room environment which occupies a different world in terms of culture – especially informational acquisition culture – from that to which he or she is accustomed.

Morrison is of the view that various Internet protocols exercise their own particular fascination. “Blogging, posting status updates, and tweeting present their own compulsive appeal.”[23] The externalisation of thoughts that may be read by others may lead to an assumption that all of one’s thinking should be externalised.[24] For some, waiting around on jury duty with access to WiFi can be tedious, prompting posts to Twitter or to a blog.

“I am stuck in jury duty today, but being that Multnomah County is the coolest of counties, of course the jury waiting room has Wi-Fi! So of course that means one thing: I’m live blogging jury duty. Is this legal? Am I in contempt of court? I don’t know, but I am sitting in a big, drab room with about 100 other people, waiting around to see if our number is called to go up stairs and serve on a trial, and it is obvious that this must be blogged about. I’ll have to run home during the lunch break and grab my camera so I can post some pictures of this afternoon’s action.”[25]

 It could be said that a convenient summary of why jurors carry out their own research may be answered by the phrase “because we can” and this would probably be the justification advanced by the digital native. Yet I would suggest that there is more to the issue that that, and there are deeper currents that are associated with new information communications paradigms that may help to explain the way in which the Internet has taken hold.

The Internet, Information Technology and Drivers for Change

When we consider information technologies in the main we focus upon what is delivered (the content) rather than how it is delivered (the medium). The focus upon content obscures some of the deeper realities of the technology and how it alters or affects our attitudes to, uses and expectations of information.

In considering the first information technology, Elizabeth Eisenstein suggested that the capacity of printing to preserve knowledge and to allow the accumulation of information fundamentally changed the mentality of early modern readers, with repercussions that transformed Western society.[26]  Ancient and Medieval scribes had faced difficulties in preserving the knowledge that they already possessed which, despite their best efforts, inevitably grew more corrupted and fragmented over time. The advent of printed material meant that it was no longer necessary for scholars to seek rare, scattered manuscripts to copy. The focus shifted to the text and the development of new ideas or the development of additional information. The printing press was paradigmatically different from the earlier scribal or manuscript culture in terms of making information available.

In developing her theory, Eisenstein went below the content that print made available and examined certain characteristics, qualities or properties possessed by print that differentiated it from earlier forms of information communication. These qualities were:

a)         dissemination

b)         standardisation

c)         reorganization

d)         data collection

e)         fixity and preservation

f)         amplification and reinforcement. [27]

In many respects these properties remain in digital technologies but in an enhanced form. In addition there are a number of other qualities that digital information systems possess that are paradigmatically different from those possessed by print. Some of these can be identified as follows:

    1. Persistence
    2. Dynamic Information
    3. Continuing change – the disruptive element
    4. Dissociative enablement
    5. Permissionless innovation
    6. Permanent connectedness
    7. Participatory information creation and sharing
    8. Searchability
    9. Availability and remote access
    10. Retrievability

I shall refer to the quality of persistence shortly. Perhaps the last three qualities can be dealt with as a single unit for they are related. Searchability deals with the ability to locate information from the vast store of information that is located across the Internet. Complex search engines assist users to find the information that they seek. Availability means that the information can be readily obtained. No longer does the user have to go to the library, wait for the book to be returned to the library, or for interloan to send the book. Information becomes instant. Retrievability follows availability. Once the existence and location of the information is determined, it can be obtained.

These qualities of themselves don’t mean much until we understand what they enable. The fact that Internet users may not understand the nature of these properties, but accept them as a given in the quest for content, means that these qualities subconsciously impact upon expectations of information (instantly available) and they way that users deal with it and process it.

These qualities challenge the jury system – the juror is enabled to readily locate information that may have a bearing on a case, not because that juror is willingly flying in the face of a judicial directive to the contrary, but because the Internet is the way in which information is obtained, rather than through the archaic processes of a trial. That, together with the property of dissociative enablement – the ability to obtain information privately and undetected – allows a different mindset that sidesteps the morality of obtaining information outside the trial process.

The “permissionless innovation” and “permanent connectedness” of the Internet has allowed for a number of other applications and utilities which, along with the interactive nature of Web 2.0, present further challenges. These can broadly be referred to as social media tools. Social media recognise that man is a social animal and the Internet allows for socialization on a scale far wider than in clubs, bars or workplaces.

Social Media

In 2010 the committee of the Conference of Court Public Information Officers issued a report on the impact that the new media is having on the court system.[28] The findings of that study were interesting. It observed

  •   that there are emerging interactive social media technologies that are powerfully          multimedia in nature;
  •   that there are fundamental continuing changes in the economics, operation and vitality of the news industry that courts have relied upon to connect with the public
  • and there are broader cultural changes in how the public receives and processes information and understands the world.

These “new media” pose a number of challenges to Courts and their culture.

  • New media are decentralised and multi directional whilst the courts are institutional and largely unidirectional.
  • New media are personal and intimate whereas Courts are separate, sometimes cloistered and by definition independent.
  • New media are multimedia incorporating video and still images, audio and text whilst Courts are highly textual.

Into this cloistered and highly textual environment come jurors whose perceptions have been formed by the media to which they have been exposed.

The report identifies 7 categories of new media technology that impact upon the Courts.  These are:

1)         Social media profile sites (Facebook, Myspace, Linkedin, Ning) which allow users to join, create profiles, share information and view still and video images with a defined network of “friends”.

2)         Microblogging (Twitter, Tumblr, Plurk). Microblogging is a form of multimedia blogging that allows users to send and follow brief text updates on micromedia such photos or audio clips and publish them on a website for viewing by everyone who visits the website or by a restricted group.  Microbloggers can submit messages in a variety of ways, including text messaging, instant messaging, email or digital audio.

3)         Smart phones, tablets and notebooks (iPhone, iPad, Droid and Blackberry). This category is defined by those mobile devices that can capture audio, as well as still and video images, and post them directly to the Internet.  These devices also enable users to access the Internet, send and receive emails and instant messages, and otherwise connect with on-line networks and communities through broadband or Wifi access.

4)         Monitoring and metrics (Addictomatic, Social Seek, Social Mention, Google Social Search, Quantcast) This category includes the large and increasing body of sites that aggregate information about Internet traffic patterns and what is posted on social media sites.  They display analysis of how a particular entity is portrayed or understood by the public.

5)         News categorising, sharing and syndication (Blogs, RSS, Dig, Reddit, Delicious)  this is a broad category that includes websites and technology that enable the easy sharing of information, photos and video, and the categorisation and ranking of news stories, posts to blogs and other news items.

6)         Visual media sharing (Youtube, Vimeo and Flikr) these sites allow users to upload still and video images that are stored in searchable data bases and easily shared and can be emailed, posted, or embedded into nearly any website.

7)         Wikis.  A Wiki is a website that allows for the easy creation and editing of multiple interlinked web pages via a web browser using a simplified mark-up language or a WYSIWYG (what you see is what you get) text editor.  Among the uses for wikis are the creation of collaborative information resource websites, power community websites and corporate intranets.  The most widely recognised and used wiki is the collaborative encyclopedia Wikipedia.  In other much lesser known wiki that has an impact on the judicial system and is the subject of study in the new media project is Judgepedia.

 All of these categories of new media involve the creation, assembly and dissemination of information.  Many of these utilities have been adopted by mainstream media on the Internet to the extent that there is a significant element of media convergence.[29] Not only may information about cases be disseminated in a multitude of ways by mainstream media but may be the subject of commentary discussions and opinion on blogs and twitter.

In addition, modern technology means that the Internet is accessible virtually anywhere – permanent connectedness.  Portable wireless devices mean that an individual may blog or tweet from anywhere, including inside a Court room.  Miniaturised devices such as smart phones mean that such activity may be carried out discreetly.

Once this information is on the Internet it is readily available and the “persistence” quality of the Internet means that, like the Internet itself, it is always available.  Information posted on the Internet remains there – it is contained in the “document that does not die.”  Although a website may have suffered from “link rot” and may not be immediately accessible, it may be located by means of a utility known as the “Wayback Machine” which indexes websites and makes them available as part of a project known as The Internet Archive.[30]

Some websites prevent the “harvesting” of their websites by use of anti-robot or webspider devices. The New Zealand Herald is one example. However, TVNZ websites are available as far back as 1997.[31] Thus information about Court proceedings and what has gone before from the commencement of an investigation may be available pre-trial, during trial and post trial and is available to anyone who has an Internet connection.  The wide variety of social media and new media tools which continue to develop as new ideas manifest themselves as the result of “permissionless innovation” means that to try and identify any one particular type of application or utility is an exercise in futility mainly because information may be available from a number of sources.

Large scale search engines, such as Google, rank information on the basis of a number of factors.  Internet users posting information may take advantage of ranking to ensure that a particular site may appear on the first page of a search result.  News media are particularly adept at this by making sure that embedded in their material are terms that will lift rankings in the search engines.

The other side of this particular coin is that much information that is on the Internet is simply buried because it doesn’t rank as highly as others on search engines.  Only the most devoted or dedicated researcher is going to go through the thousands of hits that a particular search may reveal.  This means, for example, that many bloggers who may feel that they have something to say, in fact broadcast to a limited audience.  The impact that these contributors make to the informational soup is very low.  On the other hand a highly distributive utility such as Twitter means that a message sent to a small group of followers may well be re-tweeted to an infinitely larger audience.

Because of the persistence, permanent connectedness, availability, searchability and retrievability of information, what has been described as “practical obscurity” of information means that information that once was difficult to find is readily available.  For example to recover a newspaper report of the arrest of a high profile person in pre-Internet days may have necessitated a trip to a library newspaper room and a diligent search through back issues of a newspaper to locate the information.  The Internet now makes that information instantly available and it is fresh as the day upon which it was published.  The eroded  memory – what could be called “partial obscurity” – can be quickly restored as the easily locatable reports or information appears on the screen.  Thus the one of the many truly revolutionary qualities of the Internet is the challenge to the obscurity of information.

Yet perhaps one of the most challenging aspects of the Internet is that it never sits still. This has to do with the way in which the Internet has been structured. For many the Internet is the World Wide Web, but it is not. In fact the Web is an application that “piggybacks” upon and utilises the infrastructure that the Internet provides. The quality of “permissionless innovation” allowed Tim Berners-Lee to put the concept of the Web on the backbone of connections and servers that comprise the Internet backbone – the “real” Internet. In its most basic form the Internet is a global system of interconnected computer networks that use the standard Internet protocol suite (often called TCP/IP, although not all protocols use TCP) to serve billions of users worldwide. It is a network of networks that consists of millions of private, public, academic, business, and government networks, of local to global scope, that are linked by a broad array of electronic, wireless and optical networking technologies.

John Naughton uses the metaphor of the railway to describe the Internet.

 “Think of the Internet as the tracks and signalling technology of the system – the infrastructure on which everything runs. In a railway system different kinds of traffic run on the infrastructure: high-speed express trains, slow stopping trains, commuter trains, freight trains and (sometimes) specialist maintenance and repair trains”[32]

 What this infrastructure enables is disruptive, permissionless innovation. Disruptive innovation is defined as “a process by which a product or service takes root, initially in simple applications at the bottom of a market and then relentlessly moves ‘up market’, eventually displacing established competitors.”[33] The disruptiveness of the Internet is a feature that derives from the basic architectural principles of the network’s design. When Vinton Cerf and Robert Kahn developed the TCP\IP (packet addressing and transmission) protocol that allowed the various different networks and computer types to seamlessly link there were two principles that drove them, and that are the bedrock of the architecture of the Internet;

–          There should be no central control

–          The network should not be optimised for any particular application – the “end-to-end” principle.[34]

Thus, if one had an idea for a new application that could be achieved using the transmission of data packets, the network would allow it without any query about the nature of the application or what it transmitted. A number of phrases developed to describe this phenomenon such as “stupid network, smart applications” but ultimately it became known as the “end to end” principle and it was this, together with the lack of a central controlling or approval body that enabled entrepreneurs and developers to think up applications that could utilise the capabilities of the network.

Examples abound but some of the more outstanding are the development of the World Wide Web by Tim Berners-Lee, the first killer file sharing application Napster[35] by Shawn Fanning released in 1999, the introduction of Amazon.com by Jeff Bezos in 1995, the Wiki software developed by Ward Cuningham in 1994-5 which enabled the editing and updating of web pages on the fly in a browser and which was adopted by Wikipedia founders Jimmy Wales and Larry Sanger in 2001, the introduction of Google[36] in 1998 by Larry Page and Sergey Brin, the development of the social networking site Facebook by Mark Zuckerberg in 2004[37] and Twitter developed by Jack Dorsey in 2006.

The examples that I have given are just a small handful but they and others like them demonstrate an important fact about the Internet and it is this – the Internet will not allow for a period of stability – a time for us to pause, reflect and regroup. There will continue to be new applications and new surprises which digital natives are going to adopt and adapt and which will continue to challenge institutions that developed in a different paradigm.

Change, Communication and Juror Behaviour

But what has all this to do with juror behaviour? I suggest that it is a part of a deeper issue about how we adapt to new technologies and to new communications technologies in particular. Communication is an essential part of man’s social nature. Without communication there would be isolation. For thousands of years our primary means of communication was oral. Writing and literacy are recent arrivals. Plato railed against writing as a challenge to the powers of memory.[38] The arrival of the printing press followed upon centuries of the scribal culture which had developed into a static form of information communication.[39] The printing press was the first information technology and provided the basis for a number of changes in the way in which people thought and behaved. It demonstrated McLuhan’s aphorism “We shape our tools and afterwards our tools shape us.”[40] Within the pre-print culture, orality dominated as the principal form of social communication. The printed book gave rise to the muting of orality as the reader retired into his or her own mind.[41] Reading made different demands on people – immobility, isolation, silence, concentration “the ability to immerse oneself in the thought processes of the writer and to remember and make links with the thoughts of writers as expressed in other texts.”[42]

Although reading had been a part of the human existence for thousands of years before printing, the advent of printed material made the written word available to a wider audience. However, humans are not genetically structured for reading in the way that we are for oral language. Maryanne Wolf in her book on the neuroscience of reading[43] argues that reading changes the way that our brains are organised which has had an impact on the way in which the species evolved. It is based upon what neuroscientists refer to as the plasticity of the brain. As we acquire new skills, new connections are created in the brain and new neural pathways are developed. Wolf puts it this way:

“Thus the reading brain is part of highly successful two-way dynamics. Reading can be learned only because of the brain’s plastic design, and when reading takes place, that individual brain is forever changed, both physiologically and intellectually. For example, at the neuronal level, a person who learns to read in Chinese uses a very particular set of neuronal connections that differ in significant ways from the pathways used in reading English. When Chinese readers first try to read in English, their brains attempt to use Chinese-based neuronal pathways. The act of learning to read Chinese characters has literally shaped the Chinese reading brain. Similarly, much of how we think and what we think about is based on insights and associations generated from what we read.”[44]

Thus we can see how McLuhan’s aphorism begins to work. But the matter does not end there. According to Postman reading fosters rationality and the form of the printed book encourages what Walter Ong called “the analytic management of knowledge”.[45] Postman suggests that the printed text engages powers of classification, inference making and reasoning.

“It means to uncover lies, confusions, and over-generalizations, to detect abuses of logic and common sense. It also means to weigh ideas, to compare and contrast assertions, to connect one generalization to another. To accomplish this, one must achieve a certain distance from the words themselves, which is, in fact, encouraged by the isolated and impersonal text. That is why a good reader does not cheer an apt sentence or pause to applaud even an inspired paragraph. Analytic thought is too busy for that, and too detached.”[46]

Of course these forms of analysis and qualities existed in the scribal era which was predominated by an oral culture – and the modern jury is a creature, still, of oral culture – but Postman is suggesting that print enhanced and developed these qualities even further and resulted in the development of Typographical Man for whom the written and printed word achieved a dominance both consciously and, because of brain plasticity, subconsciously.

Sven Birkerts puts it this way

“The order of print is linear, and is bound to logic by the imperatives of syntax. Syntax is the substructure of discourse, a mapping of the ways that the mind makes sense through language. Print communication requires the active engagement of the reader’s attention, for reading is fundamentally an act of translation. Symbols are turned into their verbal referents and these are in turn interpreted. The print engagement is essentially private. While it does represent an act of communication, the contents pass from the privacy of the sender to the privacy of the receiver. Print also posits a time axis; the turning of pages, not to mention the vertical descent down the page, is a forward moving succession, with earlier contents at every point serving as a ground for what follows. Moreover, the printed material is static – it is the reader, not the book, that moves forward. The physical arrangements of print are in accord with our traditional sense of history. Materials are layered; they lend themselves to rereading and sustained attention. The pace of reading is variable, with progress determined by the reader’s focus and comprehension.”[47]

Lest one consider that the advent of the e-book or the Kindle will allow reading to continue unabated as before, Birkerts responds in this way:

“I’m not blind to the unwieldiness of the book, or to the cumbersome systems we must maintain to accommodate it—the vast libraries and complicated filing systems. But these structures evolved over centuries in ways that map our collective endeavor to understand and express our world. The book is part of a system. And that system stands for the labor and taxonomy of human understanding, and to touch a book is to touch that system, however lightly….

Literature—our great archive of human expression—is deeply contextual and historicized. We all know this—we learned it in school. This essential view of literature and the humanities has been—and continues to be—reinforced by our libraries and bookstores, by the obvious physical adjacency of certain texts, the fact of which telegraphs the cumulative time-bound nature of the enterprise.  We get this reflexively.

But reflexes are modified by use and need. As Marshall McLuhan argued decades ago, technology changes reflexes, replacing them with new ones. Our rapidly evolving digital interface is affecting us on many levels, not least those relating to text and information. We read and absorb as the age demands, and our devices set the pace. I was in a crowd at a poetry reading recently, eavesdropping on the conversation behind me. Somebody referenced a poem by Wallace Stevens but couldn’t think of the line. Her neighbor said “Wait—” and proceeded to Blackberry (yes, a verb) the needed words. It took only seconds. Everyone bobbed and nodded—it was the best of all worlds.”[48]

Thus are our thought processes dictated by the medium.

The Internet is at least as revolutionary a technology as the printing press was and it is no accident that I referred to our present information era as “The Digital Paradigm” because the new information systems that are available to us are as paradigmatically different from print as print was to the scribal culture.

The networked media is like an ecosystem – a community of organisations, publishers, authors, end users and audiences which, along with their environment, function as a unit. Until the advent of the Internet our media ecosystem was dominated by monolithic “one-to-many” media[49] that shaped discourse and dominated entertainment and sport. The established and largely centralised media had a significant impact upon public and private life and culture. The discourse was limited to what was approved for print or broadcast. The ecosystem has changed dramatically. The Internet now overshadows main stream media and the continuing use of computers and the computing power of the mobile phone will mean that the Internet will replace mainstream media as the “dominant species” within the media ecosystem.

In the same way that Birkerts expressed concerns at the decline of reading, others have developed a dystopian view of the networked world that in some ways focuses attention upon the nature of the changes that are taking place – the way in which the tool of the Internet is beginning to shape us, as McLuhan would have it. The Internet seems to erode the capacity for contemplation and concentration.

Nicholas Carr observed

“Over the past few years I’ve had an uncomfortable sense that someone, or something, has been tinkering with my brain, remapping the neural circuitry, reprogramming the memory. My mind isn’t going—so far as I can tell—but it’s changing. I’m not thinking the way I used to think. I can feel it most strongly when I’m reading. Immersing myself in a book or a lengthy article used to be easy. My mind would get caught up in the narrative or the turns of the argument, and I’d spend hours strolling through long stretches of prose. That’s rarely the case anymore. Now my concentration often starts to drift after two or three pages. I get fidgety, lose the thread, begin looking for something else to do. I feel as if I’m always dragging my wayward brain back to the text. The deep reading that used to come naturally has become a struggle.”[50]

Yet the Internet is largely a text based system and it may well be that we are reading more. The problem is that the nature of what we are reading and the way that we process the material is changing – once again Wolf’s brain plasticity theory. She worries that the style of reading promoted by the Net, a style that puts “efficiency” and “immediacy” above all else, may be weakening our capacity for the kind of deep reading that emerged when an earlier technology, the printing press, made long and complex works of prose commonplace.[51] Could it be that, within the next few decades, our dependence upon digital information and Internet technologies will make us functionally incomptent to engage in reasoned decision-making unless we are plugged into or have immediate access to cyberspace?

All of this is a long way from the jury room but it does help to explain a few things. The combination of the qualities that Internet information possesses with the way in which the use of a new communications technology affects our dynamic thought patterns and cognitive ability means that the Internet becomes an essential information resource to which we are adapting – have become adapted? – and which will be the principal information resource for the Digital Natives as Encyclopaedia Britannica was for those born in the mid-twentieth century. The sense of loss expressed by Birkerts and Carr can be explained in terms of cognitive and thinking abilities which were developed in the print paradigm and which mourn its passing. The linear side-to-side verticality of reading and processing information becomes replaced with a hypertexted system of information that is not only dynamic in itself but encourages dynamic behaviour on the part of the users, as they switch from a webpage to instant messaging to email to a Skype session.

Lord Chief Justice Judge put this into the context of the jury trial when he wrote:

“Let me now consider my grandchildren. Not perhaps the youngest two, but the teenagers. They are technologically proficient. Much of their school work is done by absorbing information from machines. They consult and refer to the Internet. When they do so they are not listening. They do not, as we did, sit in class for 40 minutes listening to the masters and mistresses providing us with information. They are provided with information in written form, which they assimilate into their own technology.

Now, what this form of education lacks is training in the ability to sit still and listen, and I emphasise, listen and think, I repeat, listen and think simultaneously, for prolonged periods. Yet that is an essential requirement for every juror.”[52]

What is perhaps so dramatic about this passage is that His Lordship describes a trial system that depends upon orality as its focus, and perhaps what he fails to recognise is that the Digital Natives find such a means of absorbing information completely incompatible with the way in which their learning systems are becoming adapted as a result precisely of the technological proficiency to which His Lordship refers. The means of information gathering is radically different from that acquired from a book, as I suggest above and as Birkerts observes.

“Information and contents do not simply move from one private space to another, but they travel along a network. Engagement is intrinsically public, taking place within a circuit of larger connectedness. The vast resources of the network are always there, potential, even if they do not impinge on the immediate communication. Electronic communication can be passive, as with television watching, or interactive, as with computers. Contents, unless they are printed out (at which point they become part of the static order of print) are felt to be evanescent. They can be changed or deleted with the stroke of a key. With visual media (television, projected graphs, highlighted “bullets”) impression and image take precedence over logic and concept and detail and linear sequentiality are sacrificed. The pace is rapid, driven by jump-cut increments, and the basic movement is laterally associative rather than vertically cumulative. The presentation structures the reception and, in time, the expectation about how information is organised.

Further, the visual and non-visual technology in every way encourages in the user a heightened and ever-changing awareness of the present. It works against historical perception, which must depend on the inimical notions of logic and sequential succession. If the print medium exalts the word, fixing it into permanence, the electronic counterpart reduces it to a signal, a means to an end.”[53]

This is information ecosystem within which Digital Natives dwell and these are the factors that drive them to seek out new information horizons and to boldly go where Judges tell them not to.


[1] Richard K Sherwin, Neal Feigenson, Christina Spiesel “Law in the Digital Age: How Visual Communication Technologies are Transforming the Practice, Theory and Teaching of Law” (2006) 12 Boston University Jnl of Science and Technology Law 227.

[2] Richard Rorty “Foreword,” in Gianni Vattimo, Nihilism & Emancipation: Ethics, Politics, & Law (Columbia University Press, New York, 2004) p. xvii.

[3] Marc Prensky “Digital Natives, Digital Immigrants” (2001) 9 On the Horizon 1 http://www.emeraldinsight.com/journals.htm?issn=1074-&121&volume=9&issue=5&articleid=1532742&show=pdf; www.marcprensky.com/…/prensky%20-%20digital%20natives,%20digital%20immigrants%20-%20part1.pdf  (last accessed 23 February 2012).  For a brief introduction the the development of Presnsky’s theory seeWikipedia “Digital Native” http://en.wikipedia.org/wiki/Digital_native (last accessed 23 February 2012) – for further discussion see below Part 2; see also Sylvia Hsieh “’Digital Natives’ Change Dynamic of Jury Trials”  Mass Law Wkly 7 November 2010  http://www.legalnews.com/detroit/803882 (last accessed 24 April 2012).

[4] Ibid.

[5] Ibid.

[6] As Steve Jobs put it when the Apple computer was first came on the market “When Apple first started out, “People couldn’t type. We realized: Death would eventually take care of this.” Wall St Journal “All Things Digital” Conference April 2003, San Francisco. The report of the comments is at The Mac Observer Website “Steve Jobs: No Tablet, No PDA, No Cell Phone, Lots Of iPods” 4th June 2003 http://www.macobserver.com/tmo/article/Steve_Jobs_No_Tablet_No_PDA_No_Cell_Phone_Lots_Of_iPods/ (last accessed 5 April 2012)

[7] Judge Dennis M. Sweeney (Ret) “Worlds Collide: The Digital Native Enters the Jury Box” (2011) 1 Reynolds Courts and Media Law Jnl 121 at 130.

[8] The Internet therefore allows greater “democratisation” of information.

[9] Sweeney above n. 7  p. 131.

[10] Caren Myers Morrison “Jury 2.0” (2011) 62 Hastings LJ 1579 at 1581.

[11] Ibid.

[12] Ibid. p.1585-6.

[13] Shari S. Diamond, “Beyond Fantasy and Nightmare: A Portrait of the Jury” (2006)54 Buff. L. Rev. 717 750-51.

[14] http://www.safe-nz.org.nz/Data/database.htm (last accessed 11 April 2012).

[15] Morrison above n. 10  p. 1608-9.

[16] Ibid. p. 1612.

[17] Michael G. Wessells Computer, Self and Society (Prentice Hall, Englewood Cliffs, NJ, 1990)  p. 214

[18] Marshall McLuhan Understanding Media: The Extensions of Man (McGraw Hill, NY 1964)  In the first part of Understanding Media, McLuhan stated that different media invite different degrees of participation on the part of a person who chooses to consume a medium. Some media, like the movies, were “hot”—that is, they enhance one single sense, in this case vision, in such a manner that a person does not need to exert much effort in filling in the details of a movie image. McLuhan contrasted this with “cool” TV, which he claimed requires more effort on the part of the viewer to determine meaning, and comics, which due to their minimal presentation of visual detail require a high degree of effort to fill in details that the cartoonist may have intended to portray. A movie is thus said by McLuhan to be “hot”, intensifying one single sense “high definition”, demanding a viewer’s attention, and a comic book to be “cool” and “low definition”, requiring much more conscious participation by the reader to extract value.

Hot media usually, but not always, provide complete involvement without considerable stimulus. For example, print occupies visual space, uses visual senses, but can immerse its reader. Hot media favour analytical precision, quantitative analysis and sequential ordering, as they are usually sequential, linear and logical. They emphasize one sense (for example, of sight or sound) over the others. For this reason, hot media also include radio, as well as film, the lecture and photography.

Cool media, on the other hand, are usually, but not always, those that provide little involvement with substantial stimulus. They require more active participation on the part of the user, including the perception of abstract patterning and simultaneous comprehension of all parts. Therefore, according to McLuhan cool media include television, as well as the seminar and cartoons. McLuhan describes the term “cool media” as emerging from jazz and popular music and, in this context, is used to mean “detached

“Any hot medium allows of less participation than a cool one, as a lecture makes for less participation than a seminar, and a book for less than a dialogue.” Understanding Media p. 25. The “hot-cool” dichotomy fell out of favour after McLuhan’s death in 1980 and today is described as having a “charming, almost antique patina.” Paul Levinson Digital McLuhan (Routledge, New York, 2001) p.9. It is offered in this context as an example of the analysis which may be extended into technologies that were only just beginning to appear at the time of McLuhan’s demise.

[19] Morrison above n. 10  p. 1612.

[20] Jayne Gackenbach & Heather von Stackelberg, “Self Online: Personality and Demographic Implications”, in Jayne Gackenbach ed.Psychology and the Internet: Intrapersonal, Interpersonal, and Transpersonal

Implications (2d ed.) (Academic Press, Burlington MD 2007) p. 141, 160–61.

[21] Patricia R. Recupero, “The Mental Status Examination in the Age of the Internet” (2010) 38 J. Am.

Acad. Psychiatry L. 15, 19.

[22] In my view this dissociative aspect of the behaviour of Internet fraudsters is an aggravating factor in their crime. Unlike the “real world” cheque utterer, the Internet fraudster does not have to confront the victim face to face, often leading to a complete absence of empathy with the victim.

[23] Morrison above n. 10 p. 1614.

[24] David Gibson “Complexity and Social Networks Blog” March 23, 2009. http://blogs.iq.harvard.edu/netgov/social_psychology/ (last accessed 11 April 2012).

[25] Matt McCormick “Live Blogging Jury Duty” Action Items by Matt McCormick 20 July 2006. http://urbanhonking.com/actionitems/2006/07/20/live_blogging_jury_duty/ (last accessed 11 April 2012)

[26] Elizabeth Eisenstein The Printing Press as an Agent of Change – Communications and cultural transformations in Early Modern Europe (Cambridge University Press, Cambridge 1997) 1 Vol; Elizabeth Eisenstein The Printing Revolution in Early Modern Europe (Cambridge University Press – Canto Edition, Cambridge 2000).

[27] Ibid. The Printing Press as an Agent of Change  p. 71 et seq.

[28] New Media and the Courts: The Current Status and a Look at the Future. http://www.ccpio.org/newmediareport.htm  (Last accessed 27 February 2012) For continuing developments see http://ccpionewmedia.ning.com/ (Last accessed 27 February 2012).

[29] NZ Law Commission The News Media Meets ‘New Media’ – Rights, Responsibilities and Regulation in the Digital Age (Law Commission , Wellington, December 2011 Issues Paper 27) pp. 20 – 29.

[30] http://www.Internetarchive.org (last accessed 27 February 2012).

[31] http://wayback.archive.org/web/*/http://www.tvnz.co.nz (last accessed 27 February 2012). Archives for the Sydney Morning Herald go back as far as 31 December 1996. The Guardian is indexed back to 5 November 1996 although indexing ceases in 2008. Whilst the Wayback Machine may not be absolutely comprehensive, it does add another layer to the concept of information persistence and its presence is as a result of the permissionless innovation that the Internet allows.

[32] John Naughton From Gutenberg to Zuckerberg – What You Really Need to Know About the Internet (Quercus, London 2012) p.39-40.

[33] Clayton Christensen, Curtis W. Johnson. Michael B Horn Disrupting Class: How Disruptive Innovation Will Change the Way the World Learns (McGraw Hill, New Yotk 2008). http://www.claytonchristensen.com/disruptive_innovation.html (last accessed 11 April 2012).

[34] For a recent discussion of the architecture of the Internet see Barbara van Schewick Internet Architecture and Innovation  (MIT Press Cambridge Mass 2010). Cerf and Kahn’s protocol was based on the transmission of packets of data. The system was indifferent as to the content of the packets.

[35] A realisation of  “The Celestial Jukebox” as envisaged by Paul Goldstein Copyright’s Highway: The Lore and Law of Copyright from Gutenberg to the Celestial Jukebox ( Stanford University Press, Stanford CA 1994) “A technology-packed satellite orbiting thousands of miles above the Earth awaiting a subscriber’s order – like a nickel in the old jukebox, and the punch of a button – to connect him to any number of selections from a vast storehouse via a home or office receiver that combines the power of a television set, radio, CD player, VCR, telephone, fax, and personal computer” p. 199. See also John Naughton “The Joys of the Celestial Jukebox”  (The Observer, July 4 2004) http://www.guardian.co.uk/music/2004/jul/04/shopping.popandrock (last accessed 12 April 2012).

[36] Google’s mission is “to organize the world’s information and make it universally accessible and useful” http://www.google.com/about/company/ (last access 12 April 2012) .

[37] Although Facebook was not the first social networking site – others include MySpace, Bebo, Friendster and LinkedIn.

[38] “If men learn this, it will implant forgetfulness in their souls; they will cease to exercise memory because they rely on that which is written, calling things to remembrance no longer from within themselves, but by means of external marks. What you have discovered is a recipe not for memory, but for reminder. And it is no true wisdom that you offer your disciples, but only its semblance, for by telling them of many things without teaching them you will make them seem to know much, while for the most part they know nothing, and as men filled, not with wisdom, but with the conceit of wisdom, they will be a burden to their fellows.” Plato Phaedrus 275 a-b.

[39] Saint Bonaventura “A man might write the works of others, adding and changing nothing, in which case he is simply called a ‘scribe’ (scriptor). Another writes the work of others with additions which are not his own; and he is called a ‘compiler’ (compilator). Another writes both others’ work and his own, but with others’ work in principal place, adding his own for purposes of explanation; and he is called a ‘commentator’ (commentator) . . . Another writes both his own work and others’ but with his own work in principal place adding others’ for purposes of confirmation; and such a man should be called an ‘author’ (auctor).”

[40] Marshall McLuhan Understanding Media above n. 18.

[41] For a full discussion of the impact of the reading revolution see Neil Postman The Disappearance of Childhood (Vintage\Random House  New York 1994).

[42] Naughton From Gutenberg above n. 32 p. 24.

[43] Maryanne Wolff Proust and the Squid: The Story and Science of the Reading Brain (Harper Collins, New York 2007).

[44] Ibid. p.5.

[45] Cited in Postman The Disappearance of Childhood above n.41 at p. 51. See generally Walter Ong Orality and Literacy: The Technologising of the Word (Routledge, Oxford 2002).

[46] Neil Postman Amusing Ourselves to Death: Public Discourse in the Age of Showbusiness (Penguin Books, New York 1986) p. 51.

[47] Sven Birkerts The Gutenberg Elegies: The Fate of Reading in an Electronic Age (Faber, Winchester MA, 1994) p. 122.

[48] Sven Birkerts “Resisting the Kindle” (The Atlantic March 2009). http://www.theatlantic.com/magazine/archive/2009/03/resisting-the-kindle/7345/ (last accessed 12 April 2012).

[49] Print, radio, television all shared these qualities.

[50] Nicholas Carr Is Google Making Us Stupid ( The Atlantic July/August 2008) http://www.theatlantic.com/magazine/archive/2008/07/is-google-making-us-stupid/6868/ (last accessed 12 April 2012). See also generally Nicholas Carr The Shallows – How the Internet is changing the way we think, read and remember (Atlantic Books, London 2010). The issue of  the impact of new information systems upon cognition is referred to (citing Carr’s article) in Nicole L. Waters & Paula Hannaford-Agor “Jurors 24/7: The Impact of  New Media on Jurors, Public Perceptions of the Jury System and the American Criminal Justice System” (unpublished) I am grateful to Ms Hannaford-Agor for a copy of the article which is to be published in a forthcoming encyclopaedia on criminology and criminal justice.

[51] Ibid.

[52] Rt Hon The Lord Judge “Jury Trials” (Judicial Studies Board Lecture, Belfast 16 November 2010) http://www.judiciary.gov.uk/media/speeches/2010/speech-by-lcj-jsb-lecture-jury-trials (last accessed 4 April 2012).

.

[53] Birkerts The Gutenberg Elegies above n. 47  p. 122-3.

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La Fête Nationale – le quatorze juillet – Bastille Day

Against a background of national grain shortages and bankruptcy, a meeting of the First and Second Estates (the clergy and nobility) of French society with the Third Estate (comprising the vast majority of the population) was called in May 1789.

Frustrated that their calls for equality, relief for the poor and proportional representation had gone unheard, in June the representatives of the Third Estate split away to meet in a Versailles tennis court, where they formed their own voting bloc, the National Assembly, and declared revolt against the monarchy. In July the King’s dismissal of his competent and popular Finance Minister, Jacques Necker, triggered fears that royal force might be used against the people of Paris. What followed was the first significant step in the French Revolution.

The storming of the Bastille on 14 July 1789 marked the first decisive intervention of ordinary people against the ancien regime, following on from the revolt of the nobility against the King, and that of the bourgeoisie at the Tennis Court.

The abolition of the gloomy stone symbol of despotism that for centuries had loomed overthe Paris skyline was thus an event to be commemorated as a triumph of spontaneous collective will. To this day, 14 July is observed in France as the anniversary of modern France.

The Bastille was a medieval prison, used by monarchs to contain citizens arrested by lettre de cachet, a royal warrant increasingly despised as a symbol of arbitrary power. In 1789 the Bastille housed a small handful of inmates, some of whom were insane or detained at therequest of relatives. But the lettre de cachet was not the cause of the 14 July uprising, as has already been observed.

Told that the Bastille housed stockpiles of gunpowder owned by the State, the workers of Paris rushed to the prison in the furniture-making district of Saint-Antoine to arm themselves. There they found the prison’s Governor, Bernard-Rene Marquis de Launay, protected only by a small garrison. Quickly overwhelmed by angry crowds who scaled the walls and lowered the drawbridge, de Launay ordered his men to fire and by doing so signed his own death warrant once the crowd had successfully stormed the prison.

The Storming of the Bastille and the Arrest of its Governor de Launay – Versailles, musee national du chateau

The 650 men and women of this great Revolutionary day in the Republican Calendar (known as a journee) were later honoured as Vainqueurs and heroes of the people. The prison was subsequently torn down. Some of its fabric was used to manufacture mementos, which were distributed to every corner of France. The remaining materials were recycled in the construction of the Pont de la Concorde.

With political ideology penetrating every aspect of public life, the decorative arts underwent a transformation. New emblems were employed affirming the civic values that were to provide the basis for the new France. Phrygian bonnets or caps (liberty caps), lictors fasces, the red, white and blue tricolour, the set square symbolising equality, the sacles of justice, military trophies all spoke forcefully of the new values espoused by the French nation. During the Revolution and the Terror the liberty cap was worn both by adherents of social change and those who feared condemnation for their association with the ancient regime. Such symbols were accompanied by slogans such as Liberte, Egalite, Fraternite ou la mort which served as reminders that failuire to comply with the new virues could have fatal consequences.

Revolutionary Poster (Affiche revolutionnaire- 1791 – 95 musee des Arts decoratifs, Paris)

Yet within these requirements of the citizens of the Revolutionary France was an affirmation of rights that regrettably fell by the wayside more than once as the Revolution progressed to the Terror, the Directory, the Consulate and the new Empire .Like the American Revolution, the French Revolution had its fundamental document, created after the outbreak of violence

The Declaration of the Rights of Man and the Citizen

The Declaration of the Rights of Man and of the Citizen (French: Déclaration des droits de l’homme et du citoyen) defines the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of “natural right”, the rights of man are held to be universal: valid at all times and in every place, pertaining to human nature itself.

The concepts in the Declaration come from the philosophical and political principles of the Age of Enlightenment, such as individualism, the social contract as theorized by the French philosopher Rousseau, and the separation of powers espoused by the Baron de Montesquieu. As can be seen in the texts, the French declaration is heavily influenced by the political philosophy of the Enlightenment, and by Enlightenment principles of human rights, some of which it shares with the U.S. Declaration of Independence which preceded it (4 July 1776). Thomas Jefferson, primary author of the U.S. Declaration of Independence, was at the time in France as a U.S. diplomat,and was in correspondence with members of the French National Constituent Assembly. James Madison’s proposal for a U.S. Bill of Rights was adopted by the U.S. House of Representatives on 21 August 1789, 5 days before the French declaration. Considering the speed at which information crossed the Atlantic Ocean in the 18th century, it is clear that the French declaration was not inspired by its US counterpart.

The declaration is in the spirit of what has come to be called natural law, which does not base itself on religious doctrine or authority.

The declaration defines a single set of individual and collective rights for all men. Influenced by the doctrine of natural rights, these rights are held to be universal and valid in all times and places. For example, “Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.”They have certain natural rights to property, to liberty and to life. According to this theory the role of government is to recognize and secure these rights. Furthermore government should be carried on by elected representatives.

At the time of it was written, the rights contained in the declaration were only awarded to men. Furthermore, the declaration was a statement of vision rather than reality. The declaration was not deeply rooted in either the practice of the West or even France at the time. The declaration emerged in the late 18th Century out of war and revolution. It encountered opposition as democracy and individual rights were frequently regarded as synonymous with anarchy and subversion. The declaration embodies ideals and aspirations towards which France pledged to struggle in the future

The text

Approved by the National Assembly of France, August 26, 1789

Articles:

1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.

2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.

3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.

4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.

5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law.

6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents.

7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offense.

8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.

9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner’s person shall be severely repressed by law.

10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law.

11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.

12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the good of all and not for the personal advantage of those to whom they shall be intrusted.

13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be equitably distributed among all the citizens in proportion to their means.

14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of the taxes.

15. Society has the right to require of every public agent an account of his administration.

16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.

17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined, shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified.

Les Droits de l’homme

The IT Countrey Justice

Access to Court Records

In November 2011 the Center for Legal and Court Technology at William and Mary University, Williamsburg, Virginia, in association with the National Center for State Courts and the Administrative Office of United States Courts held the 8th Conference on Privacy and Public Access to Court Records.

Williamsburg is a lovely town, both a “University Town”, with the venerable William and Mary as the University focus, and a historic area – a combined restoration and conservation approach.

William and Mary College
William and Mary College – Wren Building
Colonial Williamsburg Courthouse
Colonial Williamsburg – Rail Fences

Some of the buildings have been reconstructed. The 1773 Public Hospital is an example, and this was the main venue for the Conference.

The 1773 Hospital

A refurbished historical asylum, do I hear you say? Although there is a re-creation of hospital conditions, the greater part of the building comprises a museum and an excellent Conference auditorium. It is also close to the National Center for State Courts and William and Mary Law School in which is located the remarkable McGlothin Electronic Courtroom and the Center for Legal and Court Technology.

I was honoured to be invited to present a paper on the New Zealand experience in this area. The paper was well received and there was considerable interest in the way in which the issue was dealt with in the absence of the context of the First Amendment to the Constitution of the United States and the ability of the press to report on court proceedings. By the same token, a number of Federal Courts and the US Supreme Court in particular do not allow cameras in Court whereas in New Zealand there is a specific media policy that allows this as long as there is compliance with media guidelines.

My paper, a copy of which is at the end of this post, sketched the approach in New Zealand to access to Court records. Despite an examination of the issue by the Law Commission in 2006 in its report entitled Access to Court Records, little legislative action has taken place apart from the introduction of the The Criminal Proceedings (Access to Court Documents) Rules 2009 which remedy some of the perceived access problems as far as criminal court records are concerned. However, the current rules relating to other court records are drawn from a variety of different sources, are not always consistent, clear nor easy to locate nor are they comprehensive.

There is a significant gap in the 2009 Rules. They do not cover District Court summary proceedings. This has caused some concern, because it could well be that a different process could apply to different criminal proceedings depending upon whether they have been laid summarily or indictably or, of course, where the accused has elected trial. The issue is of special interest (and no doubt concern) to the news media who routinely seek permission to access court files to obtain background and material for their reportage of court cases.

The difficulty, however, has been addressed in a case decided late last year. (Ministry of Economic Development v Feeney [2012] DCR 257)

The application arose after the summary trial and acquittal of a number of directors of Feltex Ltd. The Ministry of Economic Development sought access to the Court file to obtain copies of  a transcript of evidence and written statements that had been produced during the hearing for the purposes of civil proceedings in the High Court. The application was opposed.

The grounds of the opposition were that the proceedings were not “criminal proceedings” as defined in the Criminal Proceedings (Access to Court Records) Rules, and that the notes of evidence in the District Court were in the possession of the defendants and were accessible by discovery.

As to the first ground of opposition,  Chief Judge Jan-Marie Doogue held that  the Criminal Proceedings (Access to Court Records) Rules did not apply because the proceedings were summary proceedings.

The relevant part of the Rules defines a “criminal proceeding” as

 ”a proceeding brought against a defendant—

(i) that has been commenced by information in form 2 of Schedule 2 of the Summary Proceedings Act 1957; or

(ii) in which the defendant has, under section 66 of the Summary Proceedings Act 1957, elected to be tried by jury; or

(iii) in which a District Court has, under section 44 of the Summary Proceedings Act 1957, declined to deal summarily with the offence”

The effect of this is to exclude all summary criminal proceedings from the operation of the 2009 Rules.

There had been earlier examples of what Her Honour referred to as a “legislative blindspot” in the 1974 Criminal Proceedings (Search of Court Records) Rules and after considering the way in which the High Court had earlier approached the problem, and after considering the nature of the inherent power possessed by the District Court,  held that the Court has an inherent power to effectively administer its statutory jurisdiction. Such power was sufficient to order access to Court documents in criminal cases that fall outside the operation of the Rules. Whether the exercise of that jurisdiction was proper in the circumstances should be assessed by analogy to the criteria set out in the Rules.

She then went on to consider the provisions of Rules 13 and 14 which contain the procedure and the remedies that a Registrar or Judge may grant, and, importantly, set out the provisions of Rule 16 which sets out the matters that must be taken into account in considering an application.

Rule 16 provides:

“In determining an application under rule 13, or a request for permission under rule 8 or 9, or the determination of an objection under those rules, the Judge or other judicial officers or Registrar must consider the nature of, and the reasons for, the application or request and take into account each of the following matters that is relevant to the application, request, or objection:

(a) the right of the defendant to a fair hearing:

(b) the orderly and fair administration of justice:

(c) the protection of confidentiality, privacy interests (including those of children and other vulnerable members of the community), and any privilege held by, or available to, any person:

(d) the principle of open justice, namely, encouraging fair and accurate reporting of, and comment on, trials and decisions:

(e) the freedom to seek, receive, and impart information:

(f) whether a document to which the application or request relates is subject to any restriction under rule 12:

(g) any other matter that the Judge, other judicial officer, or Registrar thinks just.”

In the instant case Her Honour held that sub-regulations (b), (c), (e) and )(g) were relevant, considering that the fair and orderly administration of justice supported access to documentation  to the extent that the information contained therein might aid in the disposition of the High Courtt case. Privacy issues did not attach, because the District Court proceedings were conducted in open court, and that the freedom to seek, receive and impart information operated in favour of allowing access.

Importantly Chief Judge Doogue observed that sub-regulation (d) is concerned with media access to the Courts, and would be of importance in considering any media application for access to Court records. Each case will, of course depend upon its own circumstances as to the weight that an individual Judge or Registrar attaches to each of the criteria in considering applications.

At the moment, Court records are paper based. As I observe in my paper, the situation may well require revisiting when Court records are digitised, for the properties of digital technologies are quite different from those of the print or paper paradigm.

But discussion of those properties and their wider implications will have to take place on another day.

A copy of my paper may be found here:


The IT Countrey Justice

4th July – Anniversary of the Declaration of Independence – and Jefferson’s Departure.

Matters Introductory

The Declaration of Independence was created by a committee, but the member of the committee who made the greatest contribution was Thomas Jefferson of Virginia.  Among the other members were John Adams of Massachusetts, Benjamin Franklin of Pennsylvania.

Jefferson was a reluctant revolutionary, having expressed an affection for union with Britain. But his was not an unconditional affection.

Believe me, dear Sir: there is not in the British empire a man who more cordially loves a union with Great Britain than I do. But, by the God that made me, I will cease to exist before I yield to a connection on such terms as the British Parliament propose; and in this, I think I speak the sentiments of America.
—Thomas Jefferson, November 29, 1775.

The War and the Declaration

The Declaration of Independence did not start the War of Independence. That had been raging for a year before July 1776. Even after fighting in the American Revolutionary War began at Lexington and Concord in April 1775, most colonists still hoped for reconciliation with Great Britain. When the Second Continental Congress convened at the Pennsylvania State House in Philadelphia in May 1775, some delegates hoped for eventual independence, but no one yet advocated declaring it. Although many colonists no longer believed that Parliament had any sovereignty over them, they still professed loyalty to King George, who they hoped would intercede on their behalf. They were to be disappointed: in late 1775, the king rejected Congress’s second petition, issued a Proclamation of Rebellion, and announced before Parliament on October 26 that he was considering “friendly offers of foreign assistance” to suppress the rebellion.

Towards the Declaration

The path towards the Declaration was not an easy one. There was a considerable reluctance to take  what many considered to be an irrevocable step. There seemed to remain a hope that the colonies could be reconciled with the Imperial power.

On May 1, however, opponents of independence retained control of the Pennsylvania Assembly in a special election that had focused on the question of independence.  In response, on May 10 Congress passed a resolution, which had been promoted by John Adams and Richard Henry Lee, calling on colonies without a “government sufficient to the exigencies of their affairs” to adopt new governments. The resolution passed unanimously, and was even supported by Pennsylvania’s John Dickinson, the leader of the anti-independence faction in Congress, who believed that it did not apply to his colony.

On May 15, the Virginia Convention instructed Virginia’s congressional delegation “to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance to, or dependence upon, the Crown or Parliament of Great Britain”. In accordance with those instructions, Richard Henry Lee of Virginia presented a three-part resolution to Congress on June 7. The motion, which was seconded by John Adams, called on Congress to declare independence, form foreign alliances, and prepare a plan of colonial confederation. The part of the resolution relating to declaring independence read:

Resolved, that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.

But there was still debate about independence and how it should be handled.

While political maneuvering was setting the stage for an official declaration of independence, a document explaining the decision was being written. On June 11, 1776, Congress appointed a “Committee of Five”, consisting of John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Thomas Jefferson of Virginia, Robert R. Livingston of New York, and Roger Sherman of Connecticut, to draft a declaration.

Writing the Declaration – Jefferson’ First Draft

Because the committee left no minutes, there is some uncertainty about how the drafting process proceeded—accounts written many years later by Jefferson and Adams, although frequently cited, are contradictory and not entirely reliable.  What is certain is that the committee, after discussing the general outline that the document should follow, decided that Jefferson would write the first draft.

The committee in general, and Jefferson in particular, thought Adams should write the document, but Adams persuaded the committee to choose Jefferson and promised to consult with Jefferson personally.  Considering Congress’s busy schedule, Jefferson probably had limited time for writing over the next seventeen days, and likely wrote the draft quickly.  He then consulted the others, made some changes, and then produced another copy incorporating these alterations. The committee presented this copy to the Congress on June 28, 1776. The title of the document was “A Declaration by the Representatives of the United States of America, in General Congress assembled.”

Writing the Declaration of Independence – an idealised view

On Monday, July 1, having tabled the draft of the declaration, Congress resolved itself into a committee of the whole, with Benjamin Harrison of Virginia presiding, and resumed debate on Lee’s resolution of independence.  John Dickinson made one last effort to delay the decision, arguing that Congress should not declare independence without first securing a foreign alliance and finalizing the Articles of Confederation.  John Adams gave a speech in reply to Dickinson, restating the case for an immediate declaration.

After a long day of speeches, a vote was taken. As always, each colony cast a single vote; the delegation for each colony—numbering two to seven members—voted amongst themselves to determine the colony’s vote. Pennsylvania and South Carolina voted against declaring independence. The New York delegation, lacking permission to vote for independence, abstained. Delaware cast no vote because the delegation was split. The remaining nine delegations voted in favor of independence, which meant that the resolution had been approved by the committee of the whole. The next step was for the resolution to be voted upon by the Congress itself. Edward Rutledge of South Carolina, who was opposed to Lee’s resolution but desirous of unanimity, moved that the vote be postponed until the following day.

On July 2, South Carolina reversed its position and voted for independence. In the Pennsylvania delegation, Dickinson and Robert Morris abstained, allowing the delegation to vote three-to-two in favor of independence. The tie in the Delaware delegation was broken by the timely arrival of Caesar Rodney, who voted for independence. The New York delegation abstained once again, since they were still not authorized to vote for independence, although they would be allowed to do so by the New York Provincial Congress a week later.

The resolution of independence had been adopted with twelve affirmative votes and one abstention. With this, the colonies had officially severed political ties with Great Britain. In a now-famous letter written to his wife on the following day, John Adams predicted that July 2 would become a great American holiday. Adams thought that the vote for independence would be commemorated; he did not foresee that Americans—including himself—would instead celebrate Independence Day on the date that the announcement of that act was finalized.

Approving the Declaration

After voting in favor of the resolution of independence, Congress turned its attention to the committee’s draft of the declaration. Over several days of debate, Congress made a few changes in wording and deleted nearly a fourth of the text, most notably a passage critical of the slave trade, changes that Jefferson resented. Although Jefferson wrote that Congress had “mangled” his draft version, the Declaration that was finally produced, according to his biographer John Ferling, was “the majestic document that inspired both contemporaries and posterity.”

On July 4, 1776, the wording of the Declaration of Independence was approved and sent to the printer for publication. That in itself is significant and demonstrates that the declaration was not just addressed to George III but was intended as a piece of political propaganda. Why else have it printed. Simply, the distributive power of print allowed copies – and the ringing message contained therein – to spread through the colonies and, as the list of Facts justifying Independence suggest, “to a candid world”

The Language of the Declaration

The Declaration falls into a number of sections demonstrating care in its construction..

The first sentence of the Declaration asserts as a matter of Natural law the ability of a people to assume political independence, and acknowledges that the grounds for such independence must be reasonable. Jefferson and Adams were lawyers and were well aware of the need to appeal to law and to reason

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

The next section, the famous preamble, includes the ideas and ideals that were principles of the Declaration. It is also an assertion of what is known as the “right of revolution”: that is, people have certain rights, and when a government violates these rights, the people have the right to “alter or abolish” that government. The form is almost poetical, and it seems that the preamble was designed to be read aloud, its ringing phraseology building to an emotional yet reasonable crescendo

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life,Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

Then follow the list of complaints against King George and the Imperial power.

Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Was this something that the colonists did joyfully. No it was not as the following section demonstrated

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends

The final section asserts  that there exist conditions under which people must change their government, that the British have produced such conditions, and by necessity the colonies must throw off political ties with the British Crown and become independent states. The conclusion incorporates language from Lee’s resolution of independence that had been passed on July 2.

“We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

Jefferson went on to become wartime Governor of Virginia, and from 1784 served as the government’s representative in Paris. Jefferson was the first United States Secretary of State (1790–1793) serving under President George Washington. Upon resigning his office, with his close friend James Madison he organized the Democratic-Republican Party. Elected Vice-President in 1796, when he came in second to John Adams of the Federalists.

He became President in 1800, serving two terms purchased the Louisiana Territory from France (1803), and sent the Lewis and Clark Expedition (1804–1806) to explore the new west. His second term was beset with troubles at home, such as the failed treason trial of his former Vice President Aaron Burr, and escalating trouble with Britain. With Britain at war with Napoleon, he tried aggressive economic warfare against them; however, his embargo laws did more damage to American trade and the economy. In 1807, President Jefferson signed into law a bill that banned the importation of slaves into the United States. Jefferson has often been rated in scholarly surveys as one of the greatest U.S. presidents, though since the mid-twentieth century, some historians have increasingly criticized him for his failure to act against domestic slavery.

A leader in the Enlightenment, Jefferson was a polymath who spoke five languages and was deeply interested in science, invention, architecture, religion and philosophy, interests that led him to the founding of the University of Virginia after his presidency. He designed his own large mansion on a 5,000 acre plantation near Charlottesville, Virginia, which he named Monticello.

Monticello – Main Portico
Monticello – From the Lawn

By 1815, Jefferson’s library included 6,487 books, which he sold to the Library of Congress for $23,950 to replace the smaller collection destroyed in the War of 1812. He intended to pay off some of his large debt, but immediately started buying more books. As he wrote to John Adams “I cannot live without books”.  In honor of Jefferson’s contribution, the library’s website for federal legislative information was named THOMAS.

Jefferson was a prolific letter writer but, apart from the wonderful preamble to the Declaration of Independence for me his most important statement of freedom may be seen around the rotunda of the Jefferson Memorial in Washington DC

“I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man.”

Thomas Jefferson died on 4 July 1826 but his legacy is gigantic and remains to this day. He was buried at his beloved Monticello, now a World Heritage site, I would hope as much in honour of the spirit and inestimable genius of the man who built the house and lived there, and for his contribution to liberty as for any intrinsic value in the building.

His gravestone recounts what he considered his most significant achievements:

HERE WAS BURIED THOMAS JEFFERSON
AUTHOR OF THE DECLARATION OF AMERICAN INDEPENDENCE
OF THE STATUTE OF VIRGINIA FOR RELIGIOUS FREEDOM
AND FATHER OF THE UNIVERSITY OF VIRGINIA.

Jefferson’s Grave

Sources:

Dumas Malone Jefferson the Virginian (Little Brown, New York, 1948)

Dumas Malone Jefferson and the Rights of Man (Little Brown, New York,, 1951)

Dumas Malone Jefferson and His Time (Little Brown, New York, 1970)

Andrew Burstein The Inner Jefferson: Portrait of a Grieving Optimist (University Press of Virginia, Charlottesville, 1995

The text of the Declaration of Independence was taken from Wikipedia.

“Writing the Declaration of Independence” was ontained from the History Channel website

The Photographs are my own.

The IT Country Justice