"Ignorance of the municipal law of the kingdom, or of the penalty
thereby inflicted on offenders, doth not excuse any that is of
the age of discretion and compos mentis, from the penalty of the
breach of it; because every person, of the age of discretion and
compos mentis, is bound to know the law, and presumed to do so.
"Ignorantia eorum,, quae quis scire tenetur non excusat."
(Ignorance of those things which every one is bound to know, does
not excuse.) 1 Hale's Pleas of the Crown, 42. Doctor and
Student, Dialog. 2, ch. 46. Law Magazine, (London,) vol. 27, p.
97.
The sum of this reason is, that ignorance of the law excuses no
one, (who is of the age of discretion and is compos mentis,)
because every such person "is bound to know the law." But this is
giving no reason at all for the doctrine, since saying that a man
"is bound to know the law," is only saying, in another form, that
"ignorance of the law does not excuse him." There is no
difference at all in the two ideas. To say, therefore, that
"ignorance of the law excuses no one, because every one is bound
to know the law," is only equivalent to saying that "ignorance of
the law excuses no one, because ignorance of the law excuses no
one." It is merely reasserting the doctrine, without giving any
reason at all.
And yet these reasons, which are really no reasons at all, are
the only ones, so far as I know, that have ever been offered for
this absurd and brutal doctrine.
The idea suggested, that " the age of discretion" determines the
guilt of a person, that there is a particular age, prior to which
all persons alike should be held incapable of knowing any crime,
and subsequent to which all persons alike should be held
capable of knowing all crimes, is another of this most
ridiculous nest of ideas. All mankind acquire their knowledge of
crimes, as they do of other things, gradually. Some they learn at
an early age; others not till a later one. One individual
acquires a knowledge of crimes, as he does of arithmetic, at an
earlier age than others do. And to apply the same presumption to
all, on the ground of age alone, is not only gross injustice, but
gross folly. A universal presumption might, with nearly or quite
as much reason, be founded upon weight, or height, as upon age.
[1]
Public-domain text, read in full here on John Shaqi.
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