men in such cases, because it would be absurd to suppose that any
man would voluntarily assist to establish or support a government
that would punish himself for acts which he himself did not know
to be crimes. But a man may reasonably unite with his fellow-men
to maintain a government to punish those acts which he himself
considers criminal, and may reasonably acquiesce in his own
liability to be punished for such acts. As those are the only
grounds on which any one can be supposed to render any voluntary
support to a government, it follows that a government formed by
voluntary association, and of course having no powers except such
as all the associates have consented that it may have, can have
no power to punish a man for acts which he did not himself know
to be criminal.
The safety of society, which is the only object of the criminal
law, requires only that those acts which are understood by
mankind at large to be intrinsically criminal, should he punished
as crimes. The remaining few (if there are any) may safely be
left to go unpunished. Nor does the safety of society require
that any individuals, other than those who have sufficient mental
capacity to understand that their acts are criminal, should be
criminally punished. All others may safely be left to their
liability, under the civil law, to compensate for their
unintentional wrongs.
The only real object of this absurd and atrocious doctrine, that
"ignorance of the law (that is, of crime) excuses no one," and
that "everyone is bound to know the criminal law," (that is,
bound to know what is a crime,) is to maintain an entirely
arbitrary authority on the part of the government, and to deny to
the people all right to judge for themselves what their own
rights and liberties are. In other words, the whole object of the
doctrine is to deny to the people themselves all right to judge
what statutes and other acts of the government are consistent or
inconsistent with their own rights and liberties; and thus to
reduce the people to the condition of mere slaves to a despotic
power, such as the people themselves would never have
voluntarily established, and the justice of whose laws the people
themselves cannot understand.
Under the true trial by jury all tyranny of this kind would be
abolished. A jury would not only judge what acts were really
criminal, but they would judge of the mental capacity of an
accused person, and of his opportunities for understand- ing the
true character of his conduct. In short, they would judge of his
moral intent from all the circumstances of the case, and acquit
him, if they had any reasonable doubt that he knew that he was
committing a crime. [2]
Public-domain text, read in full here on John Shaqi.
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