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See also:IGNORANCE (See also:Lat. ignorantia, from ignorare, not to know); want of knowledge, a See also:state of mind which in See also:law has important consequences. A well-known legal See also:maxim runs: ignorantia See also:juris non excusat ("ignorance of the law does not excuse") . With this is sojnetimes coupled another See also:maxim: ignorantia facti excusat (" See also:ignorance of the fact excuses ") . That every one who has capacity to understand the See also: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 See also:administration of See also:justice next to impossible . It would be necessary for the See also:court to engage in endless inquiries as to the true inwardness of a See also:man's mind, whether his See also:state of ignorance existed at the See also:time of the See also:commission of the offence, whether such a See also:condition of mind was inevitable or brought about merely by indifference on his See also:part . Therefore, in See also:English, as in See also:Roman law, ignorance of the law is no ground for avoiding the consequences of an See also:act . So far as regards criminal offences, the maxim as to ignorantia See also:juris admits of no exception, even in the See also:case of a foreigner temporarily in See also:England, who is likely to be ignorant of English law . In Roman law the harshness of the See also:rule was mitigated in the case of See also:women, soldiers and persons under the See also:age of twenty-five, unless they had See also:good legal See also:advice within reach (Dig. xxii . 6 . 9) . Ignorance of a See also:matter of fact may in See also:general be alleged in avoidance of the consequences of acts and agreements, but such ignorance cannot be pleaded where it is the See also:duty of a See also: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 See also:CONTRACT) . In See also:logic, ignorance is that state of mind which for want of See also:evidence is equally unable to affirm or deny one thing or another . Doubt, on the other See also:hand, can neither affirm nor deny because the evidence seems equally strong for both . For Ignoratio Elenchi (ignorance of the refutation) see See also:FALLACY . |
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