Abstract
The Seventh Amendment reads: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of common For two hundred years, our courts have labored under the myth that this language contains the kernel of a black-letter rule of law. This is the so-called “historical test,” which derives from jury practices prevalent under English common law during the eighteenth century. The result has been muddled jury jurisprudence. This 1994 article proposed abandonment of the historical test in favor of a more philosophically and jurisprudentially understanding of the the Seventh Amendment.
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