WHY IS (CLAIMING) IGNORANCE OF THE LAW NO EXCUSE?

Autor: Imbrisevic, Miroslav
Předmět:
Zdroj: Review Journal of Political Philosophy; Jun2010, Vol. 8 Issue 1, p61-73, 13p
Abstrakt: The article focuses on legal scholar Carlos Santiago Nino's theory which stated that ignorance of the law precludes consent and would thus be an excuse. It discusses two aspects of ignorance of the law namely, the ignorance of illegality and ignorance of the penalty. It describes its implication on natives, tourists and immigrants. It argues that consensual theories of punishment need to rely on two premises in order to justify that ignorance of the law is no excuse. It explains why individuals are presumed to know current laws and why they are presumed to know new legislation.
Databáze: Supplemental Index