This preposterous doctrine, that "ignorance of the law excuses no
one," is asserted by courts because it is an indispensable one to
the maintenance of absolute power in the government. It is
indispensable for this purpose, because, if it be once admitted
that the people have any rights and liberties which the
government cannot lawfully take from them, then the question
arises in regard to every statute of the government, whether it
be law, or not; that is, whether it infringe, or not, the rights
and liberties of the people. Of this question every man must of
course judge according to the light in his own mind. And no man
can be convicted unless the jury find, not only that the statute
is law, that it does not infringe the rights and liberties of
the people, but also that it was so clearly law, so clearly
consistent with the rights and liberties of the people, as that
the individual himself, who transgressed it, knew it to be so,
and therefore had no moral excuse for transgressing it.
Governments see that if ignorance of the law were allowed to
excuse a man for any act whatever, it must excuse him for
transgressing all statutes whatsoever, which he himself thinks
inconsistent with his rights and liberties. But such a doctrine
would of course be inconsistent with the maintenance of arbitrary
power by the government; and hence governments will not allow
the plea, although they will not confess their true reasons for
disallowing it.
The only reasons, (if they deserve the name of reasons), that I
ever knew given for the doctrine that ignorance of the law
excuses no one, are these:
1. "The reason for the maxim is that of necessity. It prevails,
'not that all men know the law, but because it is an excuse which
every man will make, and no man can tell how to confute him.'
Selden, (as quoted in the 2d edition of Starkie on Slander,
Prelim. Disc., p. 140, note.)" Law Magazine, (London,) vol. 27,
p. 97.
Public-domain text, read in full here on John Shaqi.
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