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which crimes might be considered mala in se (wrong in itself) or mala prohibita (wrong only because it is prohibited by law). Include a rationale for your decisions.

2007-07-31 07:53:15 · 6 answers · asked by hmmmmmmm101 1 in Politics & Government Law Enforcement & Police

6 answers

Malum in se refers to those actions that are condemned by the community morality -- however, in any large diverse culture you might have more than one morality in application.

So, malum in se crimes would (theoretically) be limited to only those things nearly-universally condemned by all the religions and cultures that make up the community -- murder, rape, etc.

Or from a utilitarian perspective (ignoring morality), anything that directly damages the functionality or coherence of the community could be malum in se.

2007-07-31 08:02:09 · answer #1 · answered by coragryph 7 · 0 2

Very easy.... Mala in Se are the big ones like Murder and Rape. that is any crime that shocks the conscious and is bad because its just plain evil.


Mala Prohibita are crimes that MAN has said is against the law... like speeding, prostitution, possession of weapons in public.

The latter are crimes because over the years the people have tried to regulate peoples behavior.

2007-07-31 08:01:22 · answer #2 · answered by Dog Lover 7 · 1 0

Mala in se: Dictatorships, Be a Liar to your Country as a Politician, Invade a Country to robe it. Murder. Kidnapping, Rape...
Mala prohibita: smoke, drink, take a leek on the street, smoke pot, etc

2007-07-31 08:06:13 · answer #3 · answered by Sudamérica Puede 4 · 0 2

i'm not sure right here, yet might wager it relies upon on state/united states of america def. Crime is punishable with the aid of the state with the aid of courts. criminal crime might desire to be statutes prohibiting particular conduc it particularly is punishable, while organic crime may well be basic regulation crime like homicide.

2016-10-13 06:05:25 · answer #4 · answered by innocent 4 · 0 0

mala in se would be to cut someone off on the highway. mala prohibita would be to run them off the road.

2007-07-31 08:02:22 · answer #5 · answered by J Doe 5 · 0 2

Murder is wrong in itself, whereas driving 40 mph in a 30 mph zone is wrong only because it is prohibited by law.

2007-07-31 08:00:46 · answer #6 · answered by jake p 2 · 0 0

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