HIST-1106EL Study Guide - Quiz Guide: Condonation, Roman Citizenship, Meeting Of The Minds
13 Nov 2020
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Iuris ignorantia nocet, facti ingorantia non nocet, error iuris nocet: the position in roman law. Error iuris: don"t seem to have regarded as excusable. Error & ignorantia: used interchangeably ius civile: had been overlaid with a number of individual enactments by a whole body of law developed by the praetor. Unrealistic: error in iure irrelevant because: the law can, should be definite. Error iuris nocet: applies because the law is definite - but only if that is in fact the case. Where the law isn"t determinable (for a layman) mistake of law can possibly be regarded as excusable. Error iuris: usually taken with regard to specific, fairly recent acts of legislation for many of those who had been granted roman citizenship: lacking a detailed knowledge about roman laws. Post-classical period: emperors: general duty to know the law. Maxim of error iuris nocet: based on the idea that one should know the law.
