Ignorantia juris non excusat - wikipedia Ignorantia juris non excusat This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of original research should be removed. ( February 2012 ) Ignorantia juris non excusat or ignorantia legis neminem excusat ( Latin for `` ignorance of the law excuses not '' and `` ignorance of law excuses no one '' respectively ) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content. European - law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin : nemo censetur ignorare legem ( nobody is thought to be ignorant of the law ) or ignorantia iuris nocet ( not knowing the law is harmful ). Contents 1 Explanation 2 In literature 3 Translation 4 Statutory law 5 Exceptions 6 See also 7 References Explanation See also : Promulgation and Promulgation ( canon law ) The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. 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 can not 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 can not complain if they incur liability. The doctrine assumes that the law in question has been properly promulgated -- 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 ancient phrase of Gratian, Leges instituuntur cum promulgantur ( `` Laws are instituted when they are promulgated '' ). In order that a law obtain the binding force which is proper to a law, it must be applied to the men who have to be ruled by it. Such application is made by their being given notice by promulgation. A law can bind only when it is reasonably possible for those to whom it applies to acquire knowledge of it in order to observe it, even if actual knowledge of the law is absent for a particular individual. A secret law is no law at all. In criminal law, although ignorance may not clear a defendant of guilt, it can be a consideration in sentencing, 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 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 ). In literature An alternate explanation of the origin of the maxim, though not particularly relevant to the modern context, can be found in the philosophy of the Greeks and Romans. Such were cultures heavily influenced by customary legal systems. Within such a system, law is learned as a person participates in the culture and customs of the community. Thus it is unreasonable to believe a person could have avoided learning them. These rules and customs were also interwoven with ethical and religious dialogue so that laws expressed what is right and that which is not. We find that Cicero wrote the following in De re publica ( On the Republic ) : `` There is a true law, right reason, agreeable to nature, known to all men, constant and eternal, which calls to duty by its precepts, deters from evil by its prohibition. This law can not be departed from without guilt. Nor is there one law at Rome and another at Athens, one thing now and another afterward ; but the same law, unchanging and eternal, binds all races of man and all times. '' Minos ( attributed to Plato ) states the following conversation between Socrates and his companion : Socrates Come then, do you consider just things to be unjust and unjust things just, or just things to be just and unjust things unjust ? Companion I consider just things to be just, and unjust things unjust. Socrates And are they so considered among all men elsewhere as they are here ? Companion Yes.... Socrates Are things that weigh more considered heavier here, and things that weigh less lighter, or the contrary ? Companion No, those that weigh more are considered heavier, and those that weigh less lighter. Socrates And is it so in Carthage also, and in Lycaea ? Companion Yes. Socrates Noble things, it would seem, are everywhere considered noble, and base things base ; not base things noble or noble things base. Companion That is so. Translation Presumed knowledge of the law is the principle in jurisprudence that one is bound by a law even if one does not know of it. It has also been defined as the `` prohibition of ignorance of the law ''. The concept comes from Roman law, and is expressed in the brocard ignorantia legis non excusat. The essential public character of a law requires that the law, once properly promulgated, must apply to anyone in the jurisdiction where the law applies. Thus, no one can justify his conduct on the grounds that he was not aware of the law. Generally, a convention exists by which the laws are issued and rendered accessible by methods, authors and means that are simple and well known : the law is readable in certain places ( some systems prescribe that a collection of the laws is copied in every local city council ), is made by certain authorities ( usually sovereign, government, parliament, and derivative bodies ), and enters into effect in certain ways ( many systems for instance prescribe a certain number of days - often 15 - after issue ). This is commonly intended as a constitutional regulation, and in fact many constitutions or statutes exactly describe the correct procedures. However, some recent interpretations weaken this concept. Particularly in civil law, regard can be had to the difficulty of being informed of the existence of a law considering the lifestyle of the average citizen. On the penal side, the quality of the knowledge of the law can affect the evaluation of the animus nocendi or the mens rea, in that certain subjective conditions can weaken personal responsibility. The theme was widely discussed, also for political reasons, at the time of the Enlightenment and in the 18th century, given the heavy proportion of illiterate citizens in European countries ( who would have some difficulties being aware of all the laws in a country ). It was then argued that both the presumed knowledge and the heavily increasing corpus of national legislation were working in favour of lawyers rather than citizens. In recent times, some authors have considered this concept as an extension of ( or at least as analogous to ) the other ancient concept ( typical of criminal law ) that no one can be punished under a law that was issued after the action was committed ( non-retroactivity of the law. See ex post facto ). This interpretation is however disputed, given that the matter would hierarchically more properly refer to a constitutional doctrine rather than to a civil or penal one. Some modern criminal statutes contain language such as stipulating that the act must be done `` knowingly and wittingly '' or `` with unlawful intent, '' or some similar language. However, this does not refer to ignorance of laws, but having criminal intent. Statutory law This principle is also stated in statutes : Brazil : Decree 2848 as changed by law 7209. Canada : Criminal Code, section 19 Exceptions In some jurisdictions, there are exceptions to the general rule that ignorance of the law is not a valid defense. For example, under U.S. Federal criminal tax law, the element of willfulness required by the provisions of the Internal Revenue Code has been ruled by the courts to correspond to a `` voluntary, intentional violation of a known legal duty '' under which an `` actual good faith belief based on a misunderstanding caused by the complexity of the tax law '' is a valid legal defense. See Cheek v. United States. See also Edict of government Mistake of law Secret law Qualified immunity References ^ Jump up to : Black 's Law Dictionary, 5th Edition, pg. 672 ^ Jump up to : Black 's Law Dictionary, 5th Edition, pg. 673 Jump up ^ Gratian, Decretum, Distinctio 4, dictum post c. 3 Jump up ^ R v Potter ( 1978 ), 39 CCC ( 2d ) 538, 3 CR ( 3d ) 154 ( PEISC ). Jump up ^ Plat. Minos 315e Jump up ^ Plat. Minos 316a Jump up ^ Decree 2848 ( compiled ), part of Brazilian Criminal Code. Jump up ^ Criminal Code, RSC 1985, c C - 34, s 19. Jump up ^ Jon Strauss, `` Nonpayment of Taxes : When Ignorance of the Law Is an Excuse, '' 25 Akron Law Review 611 ( Winter / Spring 1992 ), at ( 1 ). Jump up ^ Mark C. Winings, `` Ignorance Is Bliss Especially for the Tax Evader, '' 84 Journal of Criminal Law and Criminology 575, 582 ( Northwestern Univ. School of Law, Fall 1993 ), at ( 2 ). Jump up ^ Steven R. Toscher, Dennis L. Perez, Charles P. Rettig & Edward M. Robbins, Jr., Tax Crimes, Tax Management Portfolio, Volume 636, Bloomberg BNA ( 3d ed. 2012 ). English criminal law Classes of crimes Common law Indictable Either way Summary Regulatory Lesser included Elements of crimes Actus reus Causation Mens rea Intention ( criminal law ) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat Inchoate offences Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose Defences Self - defence Duress Necessity Marital coercion Consent Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category : Criminal defences Offences against the person Homicide ( Murder / Manslaughter / Corporate manslaughter / Infanticide ) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction False imprisonment Harassment Offences Against the Person Act 1861 Sexual offences Rape Sexual assault Sexual Offences Act 2003 Public order offences Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a disorderly house Preventing the lawful burial of a body Breach of the peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory ( legal term ) Misconduct in a public office Misfeasance in public office Abuse of authority Perjury of oath Dereliction of duty Offences against property Arson Dishonesty Cheating ( law ) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taking without owner 's consent Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail Forgery, personation and cheating Forgery Cheating the public revenue Uttering Offences against justice Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police / Given Evidence / Been a Juror Misprision of treason Misprision of felony Compounding a felony Jury tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstruction of justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner Other common law areas Contract Tort Property Wills Trusts and estates Evidence Criminal procedure History Law of England and Wales portal Criminal Justice portal Retrieved from `` https://en.wikipedia.org/w/index.php?title=Ignorantia_juris_non_excusat&oldid=827861378 '' Categories : Common law rules Criminal law Latin legal terminology Legal doctrines and principles Ignorance Promulgation Hidden categories : Articles that may contain original research from February 2012 All articles that may contain original research All articles with unsourced statements Articles with unsourced statements from October 2011 Talk Contents About Wikipedia Català Cymraeg Deutsch Español Italiano Polski Slovenčina Slovenščina Svenska Українська 中文 4 more Edit links This page was last edited on 27 February 2018, at 04 : 23. 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Question: ignorance of the law excuses no one in latin
Answer: ignorantia legis neminem excusat