Which one of the following writers has observed that "Man's ignorance of law cannot be excused because…
Blackstone wrote in his Commentaries that a mistake in point of law, "which every person of discretion not only may, but is bound and presumed to know", is no defence. This…
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Which one of the following writers has observed that "Man's ignorance of law cannot be excused because he is bound to know it" ?
Answer and explanation
Correct answer D
Blackstone wrote in his Commentaries that a mistake in point of law, "which every person of discretion not only may, but is bound and presumed to know", is no defence. This is the classic statement of the maxim ignorantia juris non excusat.
Austin defended the rule on a different ground: if ignorance of law were an excuse, courts would face questions of fact they could hardly solve. Kelsen is known for the pure theory of law, and Bailey is not linked with the statement.
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