IGNORANCE (

See also:

• LAT

Lat. ignorantia, from ignorare, not to know); want of knowledge, a

See also:

• STATE
• STATE, GREAT OFFICERS OF

state of mind which in

See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law has important consequences. A well-known legal

See also:

• MAXIM, SIR HIRAM STEVENS (184o- )

maxim runs: ignorantia

See also:

• JURIS

juris non excusat ("ignorance of the law does not excuse")  . With this is sojnetimes coupled another maxim: ignorantia facti excusat (" ignorance of the fact excuses ") . That every one who has capacity to understand the law is presumed to know it is a very necessary principle, for otherwise the courts would be continually occupied in endeavouring to solve problems which by their very impracticability would render the administration of justice next to impossible . It would be necessary for the court to engage in endless inquiries as to the true inwardness of a man's mind, whether his state of ignorance existed at the time of the commission of the offence, whether such a condition of mind was inevitable or brought about merely by indifference on his part . Therefore, in English, as in Roman law, ignorance of the law is no ground for avoiding the consequences of an act . So far as regards criminal offences, the maxim as to ignorantia juris admits of no exception, even in the case of a foreigner temporarily in England, who is likely to be ignorant of English law . In Roman law the harshness of the rule was mitigated in the case of women, soldiers and persons under the age of twenty-five, unless they had good legal advice within reach (Dig. xxii . 6 . 9) . Ignorance of a matter of fact may in general be alleged in avoidance of the consequences of acts and agreements, but such ignorance cannot be pleaded where it is the duty of a person to know, or where, having the means of know-ledge at his disposal, he wilfully or negligently fails to avail himself of it (see CONTRACT) . In logic, ignorance is that state of mind which for want of evidence is equally unable to affirm or deny one thing or another . Doubt, on the other hand, can neither affirm nor deny because the evidence seems equally strong for both .

For Ignoratio Elenchi (ignorance of the refutation) see

FALLACY .