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Malum in se
From Wikipedia, the free encyclopedia
Malum in se (plural mala in se) is a Latin phrase meaning wrong in itself. This concept is a part of the "value consensus model" explanation of the origins of the criminal law. The phrase is used to refer to conduct thought to be inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from malum prohibitum, which is wrong only because it is prohibited. For example, murder of human beings is universally agreed to be wrong by other human beings, regardless of whether a law exists or where the conduct occurs, and is thus recognizably malum in se. In contrast, consider driving laws. In the US, people drive on the right-hand side of the road. In the UK and other states of the Commonwealth, people drive on the left-hand side. This is an example of a malum prohibitum law because the act is not inherently bad, but is forbidden by policy, as set forth by the policy-makers of the jurisdiction. Malum prohibitum crimes are criminal not because they are inherently bad, but because the prohibited act is forbidden by the policy of the state. Crimes such as larceny, rape and murder are considered malum in se. This concept was used to develop the various common law crimes.
Some philosphers believe that no such crimes exist.[citation needed]
