Threads from the legal Site swarb.
“Ignorance of the law is no excuse.” -- Ignorantia juris non excusat --
A doctrine where a person unaware of a law, may not escape liability.
An impossible doctrine in many cases where “candour and open debate” is in vigour, since those with knowledge of the law, use it to the abuse of those in want. This time honoured so called maxim is bandied about with considerable derogation intended. While it is accepted it should not be used to escape liability where a clear detriment is served on another, in many cases that ignorance is served back on the server themselves.
One would hardly expect a professional in any discipline, to argue this for each of their own professions.
Ignorance of gardening, architecture, cleaning, child care, flying, surfing, climbing, fishing, teaching, electronics, music and much more, is no excuse. So where is one to find the time to learn all theses things, and why should one NOT trust one's fellow man for an equitable exchange or at least one where one's ignorance is not taken advantage of. It's not an argument against sincerity, candour and truth. Watch in a British Court, where the JUDGE silently sits allowing an inequality of arms where a group of solicitors and lawyers, take advantage of a person who may be an expert, but not in the field of justice and law. Examine that probity, and kind of judge who may be 'brought' in from another court, or else a new judge from a 'higher' court, or even a 'circuit' judge, perhaps 'bought' from a 'hire' court, and even from a 'closed circuit', to observe the bias. Observe where in his acts and omissions, he slalom's through CPR, upholding where it helps one side, and omitting to uphold where it helps that same side. Examine a judges obligations below the box...
“Ignorance of surgery is no excuse” You have come to me with a pain, that I see clearly is likely to abate of its own accord, but prescribe you a panacea at a substantial cost for the pleasure of my advice on something you don't know you don't need at all. Such is the abuse of ignorance by many in today's world of disregard and negligence to the other person, the neighbour, and tort law.
“Ignorance of the
law is no excuse,
Knowledge of the law forbids its abuse.”
It's the Hippocratic Oath for lawyers,
or the Hippocritic Oath for flawyers.
The overriding objective 1.
1(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
Application by the court of the overriding objective
1.2 The court must seek to give effect to the overriding objective when it –
Duty of the parties
1.3 The parties are required to help the court to further the overriding objective.
Court’s duty to manage cases
1.4 (1) The court must further the overriding objective by actively managing cases.
(2) Active case management includes –
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;