Ignorance

Ignorance (Ignorantia juris) is held in law to be no excuse for any breach of contract or duty, nor for crime or other offence. It is absolutely necessary to start with this maxim, otherwise it would be quite impossible to administer the law; for if once a contrary maxim were allowed it would not only be a premium to ignorance, but would lead to endless and abortive inquiries into the interior of a man's mind. Ignorance of a fact, however, is a different thing. Another kindred maxim of the law is that every man intends the consequences of his own act. Thus, if he shoot at or give poison to a person it is presumed that he intended to kill such person. So, if he leave a trap-door open in a street or thoroughfare it is held that he intended people to fall into it and be injured. There is, however, a doctrine called bona fides, which, in the case of petty offences punishable by justices, often tempers the strict and rigid application of the maxim, ignorantia juris neminem excusat; and even in crimes a judge always takes into consideration, when passing judgment, whether the prisoner or defendant was an ignorant or intelligent person.—In Catholic theology, a man is never excused for sin, whether of omission or of commission, on the plea of ignorance which he can be fairly expected to overcome, of 'vincible' or wilful ignorance; whereas 'invincible' ignorance, which a man could not help or abate, altogether excuses from guilt.