Define the Following Terms

Question

Examlex · Accepted Answer

The Answer is Mala prohibitum is a Latin term that translates to "wrong because it is prohibited." This legal concept refers to actions that are considered wrong not because they are inherently evil or morally reprehensible, but because they are prohibited by law. In other words, mala prohibitum offenses are not wrong in themselves but are made offenses by specific laws or regulations.

The distinction between mala prohibitum and mala in se (which means "wrong in itself") is important in the field of criminal law. Mala in se offenses are those that are universally considered wrong or immoral, such as murder, rape, and theft. These actions are inherently wrong regardless of whether they are specifically prohibited by law.

In contrast, mala prohibitum offenses might not be inherently immoral, but they are deemed necessary to regulate by the government for the welfare of society. Examples of mala prohibitum offenses include jaywalking, parking violations, and certain regulatory offenses in business or environmental law. These laws are often created to ensure safety, order, or to further societal goals.

The concept of mala prohibitum recognizes that a society has the authority to establish rules and regulations for the behavior of its members, which must be followed to maintain order and protect the public interest. Violations of these rules are punishable by law, even if the act itself does not violate a universal moral standard.

Define the Following Terms

Definitions: