law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, (

Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

for '

ignorance Ignorance is a lack of knowledge or understanding. Deliberate ignorance is a culturally-induced phenomenon, the study of which is called agnotology. The word "ignorant" is an adjective that describes a person in the state of being unaware, or ...

of the law excuses not'),''

Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by Wes ...

'', 5th Edition, p. 672 or ('ignorance of law excuses no one'),''Black's Law Dictionary'', 5th Edition, p. 673 is a

legal principle A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge ma ...

holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content. European-law countries with a tradition of

Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...

may also use an expression from

Aristotle Aristotle (; 384–322 BC) was an Ancient Greek philosophy, Ancient Greek philosopher and polymath. His writings cover a broad range of subjects spanning the natural sciences, philosophy, linguistics, economics, politics, psychology, a ...

translated into Latin: ('nobody is thought to be ignorant of the law') or ('not knowing the law is harmful').

Synopsis

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 A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...

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 Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

no matter how transiently. Although 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 In law, willful ignorance is when a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated. In '' United States v. Jewell'', the court ...

cannot become the basis of

exculpation In American jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, ...

. Thus, it is well settled that persons engaged in any undertakings outside what is common for a normal person 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 promulgated—published and distributed, for example, by being printed in a

government gazette A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establish ...

, made available over the

Internet The Internet (or internet) is the Global network, global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a internetworking, network of networks ...

, or printed in volumes available for sale to the public at affordable prices. In the ancient phrase of

Gratian Gratian (; ; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian was raised to the rank of ''Augustus'' as a child and inherited the West after his father's death in ...

, ''Leges instituuntur cum promulgantur'' ('

Laws Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...

are instituted when they are promulgated'). For a law to 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 Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

, although ignorance may not clear a defendant of guilt, it can be a consideration in

sentencing In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences f ...

, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials. For example, in one

Canadian Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''C ...

case, a person was charged with being in possession of

gambling Gambling (also known as betting or gaming) is the wagering of something of Value (economics), value ("the stakes") on a Event (probability theory), random event with the intent of winning something else of value, where instances of strategy (ga ...

devices after they had been advised by

customs Customs is an authority or Government agency, agency in a country responsible for collecting tariffs and for controlling International trade, the flow of goods, including animals, transports, personal effects, and hazardous items, into and out ...

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 A satellite or an artificial satellite is an object, typically a spacecraft, placed into orbit around a celestial body. They have a variety of uses, including communication relay, weather forecasting, navigation ( GPS), broadcasting, scient ...

communication and

cellular phones A mobile phone or cell phone is a portable telephone that allows users to make and receive calls over a radio frequency link while moving within a designated telephone service area, unlike fixed-location phones ( landline phones). This radio ...

, persons who could genuinely be ignorant of the law due to distance or isolation. For example, in a case in

British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...

, four hunters were

acquitted In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an o ...

of game offenses where the law was changed during the period they were in the wilderness hunting. Another case, in early

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

, involved a seaman on a

clipper A clipper was a type of mid-19th-century merchant sailing vessel, designed for speed. The term was also retrospectively applied to the Baltimore clipper, which originated in the late 18th century. Clippers were generally narrow for their len ...

before the invention of radio who had shot another. Although he was found guilty, he was pardoned, as the law had been changed while he was at sea. Although ignorance of the law, like other mistakes of law, is not a defence, a

mistake of fact In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake ...

may well be, depending on the circumstances: that is, the false but sincerely held belief in a factual state of affairs which, had it been the case, would have made the conduct innocent in law. Presumed knowledge of the law is the principle in

jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

that one is bound by a law even if one does not know of it. The concept comes from

, 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

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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...

regulation, and in fact many

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

s or

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

s 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 or the , in that certain subjective conditions can weaken personal responsibility. The theme was widely discussed, also for political reasons, at the time of

the Enlightenment The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a European intellectual and philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained through rationalism and empirici ...

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

) 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.

History

Jewish tradition

The doctrine, "Ignorance of the law is no excuse", first shows up in the Bible in Leviticus 5:17: "And if any one sin, and do any of the things which Jehovah hath commanded not to be done; though he knew it not, yet is he guilty, and shall bear his iniquity."

Mosaic law The Law of Moses ( ), also called the Mosaic Law, is the law said to have been revealed to Moses by God. The term primarily refers to the Torah or the first five books of the Hebrew Bible. Terminology The Law of Moses or Torah of Moses (Hebr ...

holds that people who violated God's laws unintentionally must be held accountable.

Greco-roman tradition

An alternate explanation of the origin of the maxim 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. The Minos dialogue, which has been attributed to

Plato Plato ( ; Greek language, Greek: , ; born BC, died 348/347 BC) was an ancient Greek philosopher of the Classical Greece, Classical period who is considered a foundational thinker in Western philosophy and an innovator of the writte ...

, reports the following conversation between

Socrates Socrates (; ; – 399 BC) was a Ancient Greek philosophy, Greek philosopher from Classical Athens, Athens who is credited as the founder of Western philosophy and as among the first moral philosophers of the Ethics, ethical tradition ...

and his companion: As Roman law was derived from the customs of the Italian tribes, and these customs had rules reasonable people would know, ignorance was not a defense. Conversely, ignorance of civil rules that were not as common-sense was a defense for women, young men,

soldier A soldier is a person who is a member of an army. A soldier can be a Conscription, conscripted or volunteer Enlisted rank, enlisted person, a non-commissioned officer, a warrant officer, or an Officer (armed forces), officer. Etymology The wo ...

peasant A peasant is a pre-industrial agricultural laborer or a farmer with limited land-ownership, especially one living in the Middle Ages under feudalism and paying rent, tax, fees, or services to a landlord. In Europe, three classes of peasan ...

s, and people legally declared incompetent. In the 1st century BC,

Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...

wrote the following in ''

De re publica ''De re publica'' (''On the Republic''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...

'' (''On the Republic''):

True law is right reason conformable to nature, universal, unchangeable, eternal, whose commands urge us to duty, and whose prohibitions restrain us from evil. Whether it enjoins or forbids, the good respect its injunctions, and the wicked treat them with indifference. This law cannot be contradicted by any other law, and is not liable either to derogation or abrogation. Neither the senate nor the people can give us any dispensation for not obeying this universal law of justice. It needs no other expositor and interpreter than our own conscience. It is not one thing at Rome, and another at Athens; one thing to-day, and another to-morrow; but in all times and nations this universal law must forever reign, eternal and imperishable. It is the sovereign master and emperor of all beings. God himself is its author, its promulgator, its enforcer. And he who does not obey it flies from himself, and does violence to the very nature of man. And by so doing he will endure the severest penalties even if he avoid the other evils which are usually accounted punishments.

English tradition

Chief Justice of the Common Pleas The chief justice of the common pleas was the head of the Court of Common Pleas, also known as the Common Bench, which was the second-highest common law Common law (also known as judicial precedent, judge-made law, or case law) is the body ...

Serjeant

Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...

wrote in the Preface to his '' Institutes of the Laws of England'' that: "I cannot conjecture that the general communication of these laws in the English tongue can work any inconvenience, but introduce great profit, seeing that ''Ignorantia juris non excusat'', Ignorance of the law execuseth not. And herein I am justified by the wisdom of a parliament ; the words whereof be 6 Edward III cap 15, ''Reasons why the Laws should be pleaded in the English tongue'' which comes down to us from the year 1362">Edward_III.html" ;"title="6 Edward III">6 Edward III cap 15, ''Reasons why the Laws should be pleaded in the English tongue'' which comes down to us from the year 1362 The Jacobean English jurist John Selden, co-author of the Petition of Right, wrote in his memoirs that "Ignorance of the law excuses no man; not that all men know the law, but because 'tis an excuse every man will plead, and no man can tell how to confute him." The 18th century British commentarist

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...

has in his fourth volume: ", is as well as the maxim of our own law, as it was of the Roman."

Modern law

This principle is stated in modern

statute law A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

for example: *

Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...

: **Article 3 of the Law of Introduction to Brazilian Law Norms. **Article 21 of the Brazilian Penal Code. *

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

, section 19 *

Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...

: Republic Act No. 386 "Civil Code of the Philippines", Article 3

US 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 The Internal Revenue Code of 1986 (IRC), is the domestic portion of federal statutory tax law in the United States. It is codified in statute as Title 26 of the United States Code. The IRC is organized topically into subtitles and sections, co ...

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''. In '' Lambert v. California'' (1957), the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

ruled that a person who is unaware of a ''

malum prohibitum ''Malum prohibitum'' (plural ''mala prohibita'', literal translation: "wrong s or becauseprohibited") is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is e ...

'' law cannot be convicted of violating it if there was no probability he could have known the law existed. It was subsequently ruled in '' United States v. Freed'' (1971) that this exception does not apply when a reasonable person would expect their actions to be regulated, such as when possessing narcotics or dangerous weapons. In '' Heien v. North Carolina'' (2014), the Supreme Court held that even if a police officer incorrectly believes that a person has violated the law due to a mistaken understanding of the law, the officer's " reasonable suspicion" that a law was being broken does not violate the Fourth Amendment.

References

Bibliography

* "''Ignorantia Legis Neminem Excusat'', ''Manitoba Law Journal'', Vol. 2, Issue 10 (October 1885), pp. 145–157. * Nuhiu, Agim; Ademi, Naser; Emruli, Safet, "''Ignorantia Legis Neminem Excusat'' in the Area of Equality and Non-Discrimination—The Case of Macedonia", ''Journal of Law, Policy and Globalization'', Vol. 43, pp. 62–66. * Van Warmelo, P., "''Ignorantia Iuris'', ''Tijdschrift voor Rechtsgeschiedenis''/''Legal History Review'', Vol. 22, Issue 1 (1954), pp. 1–32. * Volcker, Sven B., "''Ignorantia Legis non Excusat'' and the Demise of National Procedural Autonomy in the Application of the EU Competition Rules: Schenker", ''Common Market Law Review'', Vol. 51, Issue 5 (October 2014), pp. 1497–1520. {{English criminal law navbox Brocards (law) Common law rules Criminal law Ignorance Legal rules with Latin names Legal doctrines and principles Promulgation