http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2584034
Written to address Business (both Big and Small) but IMHO has tremendous applicability to RKBA through the compliance with the maze of laws and regulations governing the exercise of that right.
In this regard the only thing missing would be a discussion of the dichotomy of law enforcement not being held accountable for knowing and adhereing to the law. Depending on how this goes forward regarding Business (both Big and Small) it could be the framework to build the case for law enforcement being held to the same standards as those who try to navigate the maze in order to remain compliant with the law.
If you have not yet read Glenn Reynolds' Ham Sandwich Nation http://columbialawreview.org/ham-sandwich-nation_reynolds/ I encourage you to do so as soon as you can.
stay safe.
Abstract:
In this article, I will examine the doctrine of ignorantia legis, or presumed knowledge of the law, as it functions in the current milieu of American criminal justice, the age of the regulatory crime. Much ink has been spilled over this doctrine, and many pieces argue against ignorantia legis, hinting at normative values of fairness and economic efficiency. With this article, I intend to formalize and synthesize these discussions, approaching the problem explicitly from both perspectives. As a framework for evaluating the doctrine, I will apply both Lon Fuller’s idea of “internal morality of the law” and general principles of economic analysis of law. While I do not subscribe completely to either view for all purposes, my intent is to demonstrate that the current application of presumed knowledge of the law is extremely troublesome under at least two distinct methods of evaluating law, indicating a strong need for reconsideration of the doctrine. Part II of this article gives an overview of the doctrine of presumed knowledge of the law in the context of the regulatory state, ultimately arguing that it pervades the current legal system. Part III contains the two critiques of the doctrine based on Fuller’s “internal morality of the law” and on the economic analysis of law, determining that the current application of ignorantia legis is suspect under both. Finally, the Article concludes by synthesizing these arguments and offering a few thoughts on the doctrine moving forward.
Number of Pages in PDF File: 30
Written to address Business (both Big and Small) but IMHO has tremendous applicability to RKBA through the compliance with the maze of laws and regulations governing the exercise of that right.
In this regard the only thing missing would be a discussion of the dichotomy of law enforcement not being held accountable for knowing and adhereing to the law. Depending on how this goes forward regarding Business (both Big and Small) it could be the framework to build the case for law enforcement being held to the same standards as those who try to navigate the maze in order to remain compliant with the law.
If you have not yet read Glenn Reynolds' Ham Sandwich Nation http://columbialawreview.org/ham-sandwich-nation_reynolds/ I encourage you to do so as soon as you can.
stay safe.