Article — Marc, Institutiones Morales
Article I: On Ignorance of Law
There will be a fuller discourse concerning ignorance where we shall treat of human acts and sins. Meanwhile it is enough for our matter to note the following things.
- DEFINITION. Ignorance is defined as the defect of due knowledge. One is invincible or inculpable, namely that which cannot be overcome or taken away, because either doubt concerning the necessity of the thing to be known never came into the mind; or, even if it came into the mind, nevertheless knowledge could not be acquired by moral diligence. Another is vincible or culpable, namely that which, by the application of moral diligence, could and ought to have been overcome (recall the things said n. 16).
- PRINCIPLES. I. Invincible ignorance excuses from the observance of law, and at the same time from the guilt of fault. For no one can be strictly obliged to that which he does not know, nor could know; and no one sins except by a voluntary act, which essentially presupposes knowledge (cf. n. 125).
II. Invincible ignorance of the law also excuses from the guilt of the penalty annexed to the law. The penalty is decreed in the law on account of fault. Therefore, when the cause ceases, the effect also established by the law ought to cease, as the Doctors commonly teach (I, 160).
If, however, in the external forum, a penalty is dictated by a judge upon one materially delinquent, it must be undergone, as was said above (n. 191).
- IT IS ASKED. Whether he is excused from the penalty who knows the law which he transgresses, but is ignorant of the penalty annexed to the law?
Resp. Negatively, of itself, because reason dictates that evil, according to its nature, is to be punished.
There is exception: 1. If the penalty is most grave, exceeding the merit of the crime. 2. If it is an ecclesiastical censure, which those who are ignorant do not incur, unless the ignorance is crass, or gravely culpable. The reason is, because to incur a censure there is required contumacy, or virtual contempt of the law. Indeed, if the censure is imposed on those presuming, or sinning rashly, deliberately, or knowingly, crass ignorance excuses; indeed even, not improbably, affected ignorance, because this, although it is grave negligence, nevertheless is not knowledge (cf. n. 1269).