Law Commons^™

Comment On Frederick Schauer's Prediction And Particularity Comment, Gerald F. Leonard

Faculty Scholarship

Ignorance of the law is generally no excuse. I say generally because the century since the publication of The Path of the Law has brought a small but increasing number of exceptions to the rule. In Oliver Wendell Holmes's day, however, exceptions to the rule were nearly nonexistent, much to Holmes's satisfaction.1 In The Common Law, Holmes said that the law requires persons "at their peril to know the teachings of common experience, just as it requires them to know the law." 2 He did not, of course, actually think that common experience was perfectly knowable or judicial interpretation perfectly …