Q:

What is the difference between "mala in se" and "mala prohibita"?

A:

“Mala in se” refers to acts that are bad all by themselves, such as violent crimes. The term “mala prohibita” refers to acts that are illegal even though they may not be actually evil, such as public indecency.

Both of these phrases are legal terms. “Mala in se” is Latin, and it translates as “bad in itself,” or “wrong in itself.” It’s referring to crimes that are a threat to life or limb, such as assault, battery, larceny or other offenses in the common law. These acts are considered bad in general for communities. Common law, which refers to laws that come from court decisions instead of a previous statute, is often based on the concept of “mala in se.” Due to this procedure, many modern crimes that are prohibited by statute fall into the “mala in se” category since the statutes are created in response to a court decision.

Acts that are “mala prohibita” aren’t necessarily wrong all by themselves even though they are illegal, such as jaywalking. Other examples include public intoxication and parking violations. Although these acts are prohibited by law, there is nothing necessarily inherently evil about them. Both “mala prohibita” and “mala in se” are subject to debate in court.

Learn More

Related Questions

  • Q:

    What is the difference between liberty and equality?

    A:

    Liberty is the state in which people can act and speak freely, and equality is the state of being equal in rights and opportunities. Just because a person is afforded certain liberties does not mean the person is given equality.

    Full Answer >
    Filed Under:
  • Q:

    What is the difference between negligence and gross negligence?

    A:

    The difference between negligence and gross negligence is that gross negligence is a conscious and voluntary action, while simple negligence is the failure to exercise reasonable care. The two differ in the degree of inattention exhibited by the perpetrator.

    Full Answer >
    Filed Under:
  • Q:

    What is the difference between policy and law?

    A:

    A policy is a principle that guides decision making, while a law is a rule enforced by an institution. Although laws and policies serve different purposes, ETU explains that both are used to maintain order in society. Laws and policies are used to shape many of the social and political aspects of society.

    Full Answer >
    Filed Under:
  • Q:

    What is the difference between ethics and law?

    A:

    Ethics and law differ in that ethics are social guidelines based on moral principles and values while laws are rules and regulations that have specific penalties and consequences when violated. Ethics do not have punishments, fines or associated penalties when people fail to abide by them while laws do. Both set standards of expected societal actions, but laws enforce actions while ethics set forth social guidelines.

    Full Answer >
    Filed Under:

Explore