法律英语：85 Ignorance is no Excuse

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed² to practice in your jurisdiction³. Further, I do not intend to create an attorney-client relationship with any listener.

Today I discuss a rather annoying but effective rule of law: ignorance of the law is no excuse.

Bryan and Luke independently wrote on the same day the following questions:

Let's pretend that I grew up in the backwoods of Kentucky, and upon moving into civilization wanted to learn all the laws I need to abide⁴ by. Where could I go to find them all? And given that many are written using legal jargon⁵, how would I understand them when I finally did read them? How can such a complicated system be considered just and fair?

and

We all know that “ignorance of the law is no excuse” but what obligation does a law-making body have to make changes to the law public knowledge so that the general public is not ignorant?

This maxim⁶ published in Roman law, “ignorantia legis non excusat,” provided the basis for this notion in modern civil and common law. It translates directly as “ignorance of the law does not excuse.”

To read all the laws that apply to you, you can visit a local law library to read the published federal, state, county and municipal laws that are on the books. Also, most jurisdictions⁷ publish online for easier access. These law libraries also publish the cases that interpret the laws. Sounds fun, right?! I know I want to spend my Saturday reading the Civil Code.

And yes, most laws are written in completely inaccessible⁸ legal jargon, or cross reference each other so many times you need a chart to even start to understand what you are responsible for knowing. Attorneys who have been through the hell that is law school, the bar exam, etc., need help figuring out areas of the law with which they are not familiar.

So, why is it fair and just for the state to assume and require all people to know its laws, and punish people for failing to abide by laws that even trained attorneys have difficulty reading?

The rationale for this rule is that a person could easily escape criminal or civil liability by simply claiming that he did not know about the law he broke. Early scholars reasoned that, in order to maintain order, the state must have the ability to enforce its laws against anyone entering its jurisdiction, even for a short period of time. If not, then both citizens and foreigners could flout⁹ the law, and the state would be impotent in keeping the peace and economic order.

With respect to the obligation the state has to publish its laws, many states have statutes¹⁰ or constitutional clauses that require them to publish in certain forms (in books or online for example) all their laws within a certain time period.

But, the doctrine¹¹ does have limits. Consider an example: you walk into the hunting and fishing license¹ office, pay for a license, and ask the employee how many fish you can catch in a single day. The employee tells you 10, and you go out to a local state park, catch your 10 fish and leave. On the way out, a ranger¹² tickets you for catching¹³ too many fish – the law actually says you are limited to five. You might not be able to beat the ticket in full, but a judge or commissioner¹⁴ might reduce your fee because you made a good faith effort to comply.

Also, to be convicted under criminal law, some laws require that you knowingly or purposefully act with disregard of the law. So, if you can show that you reasonably attempted to comply with the law, you might get convicted of a lesser¹⁵ offence or get a reduced sentence.

Overall, this really is what lawyers are here to do: interpret the law for you. If you hire a lawyer, rely on his statements, but the lawyer is wrong, you can sue for malpractice. Not a great system, but the alternative, letting people off who claim ignorance, is worse.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁶ Life. You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

2 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

3 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

5 jargon   

n.术语，行话

参考例句：

• They will not hear critics with their horrible jargon.他们不愿意听到评论家们那些可怕的行话。
• It is important not to be overawed by the mathematical jargon.要紧的是不要被数学的术语所吓倒.

6 maxim   

n.格言，箴言

参考例句：

• Please lay the maxim to your heart.请把此格言记在心里。
• "Waste not,want not" is her favourite maxim.“不浪费则不匮乏”是她喜爱的格言。

7 jurisdictions   

司法权( jurisdiction的名词复数 )； 裁判权； 管辖区域； 管辖范围

参考例句：

• Butler entreated him to remember the act abolishing the heritable jurisdictions. 巴特勒提醒他注意废除世袭审判权的国会法令。
• James I personally adjudicated between the two jurisdictions. 詹姆士一世亲自裁定双方纠纷。

8 inaccessible   

adj.达不到的，难接近的

参考例句：

• This novel seems to me among the most inaccessible.这本书对我来说是最难懂的小说之一。
• The top of Mount Everest is the most inaccessible place in the world.珠穆朗玛峰是世界上最难到达的地方。

9 flout   

v./n.嘲弄，愚弄，轻视

参考例句：

• Parents who flout Family Court orders may be named in the media in Australia.在澳洲父母亲若是藐视家庭法庭的裁定可能在媒体上被公布姓名。
• The foolish boy flouted his mother's advice.这个愚蠢的孩子轻视他母亲的劝告。

10 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

11 doctrine   

n.教义；主义；学说

参考例句：

• He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
• The council met to consider changes to doctrine.宗教议会开会考虑更改教义。

12 ranger   

n.国家公园管理员，护林员；骑兵巡逻队员

参考例句：

• He was the head ranger of the national park.他曾是国家公园的首席看守员。
• He loved working as a ranger.他喜欢做护林人。

13 catching   

adj.易传染的，有魅力的，迷人的，接住

参考例句：

• There are those who think eczema is catching.有人就是认为湿疹会传染。
• Enthusiasm is very catching.热情非常富有感染力。

14 commissioner   

n.（政府厅、局、处等部门）专员，长官，委员

参考例句：

• The commissioner has issued a warrant for her arrest.专员发出了对她的逮捕令。
• He was tapped for police commissioner.他被任命为警务处长。

15 lesser   

adj.次要的，较小的；adv.较小地，较少地

参考例句：

• Kept some of the lesser players out.不让那些次要的球员参加联赛。
• She has also been affected,but to a lesser degree.她也受到波及，但程度较轻。

16 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。