Ignorantia juris non excusat
From Wikipedia, the free encyclopedia
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for "ignorance of the law is no excuse") is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content; that is, persons have presumed knowledge of the law.
[edit] Explanation
The rationale behind the doctrine is that if ignorance was an excuse, persons charged with criminal offenses or the subject of civil lawsuits would merely claim they were unaware of the law in question to avoid liability, whether criminal or civil. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be impossible, even for someone with substantial legal training, to be aware of every law in operation in every aspect of a state's activities, this is the price paid to ensure that willful blindness cannot become the basis of exculpation. Thus, it is well settled that persons engaged in any undertakings outside what is common for a normal person, such as running a nuclear power plant, will make themselves aware of the laws necessary to engage in that undertaking. If they do not, they cannot complain if they incur liability.
The doctrine assumes that the law in question has been properly published and distributed, for example, by being printed in a government gazette, made available over the internet, or printed in volumes available for sale to the public at affordable prices.
In the Criminal Law, although ignorance may not go to guilt, it can be a consideration in sentence, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials. For example, in one Canadian case, a person was charged with being in possession of gambling devices after they had been advised by customs officials that it was legal to import such devices into Canada. Although the defendant was convicted, the sentence was an absolute discharge.
In addition, there were, particularly in the days before satellite communication and cellular phones, persons who could genuinely be ignorant of the law due to distance or isolation. For example, in a case in British Columbia, a pair of hunters were acquitted of game offenses where the law was changed during the period of time they were in the wilderness hunting. In reaching this decision, the court refused to follow an early English law case in which a seaman on a clipper before the invention of radio was convicted even though the law had been changed while he was at sea (Bailey (1800) Russ & Ry 1).
[edit] See also
Attractive nuisance · Calculus of negligence · Caveat emptor · Caveat venditor · Contra proferentem · Duty of care · Eggshell skull · Fair use · First-sale doctrine · Good-faith exception · Living tree doctrine · Ignorantia juris non excusat · Implied powers · Implied terms of a contract · Odious debt · Plain view doctrine · Proximate cause · Res ipsa loquitur · Sovereign immunity · Stare decisis or Precedence rule · Standard of care · Unclean hands · Vicarious liability ·
