Malum In Se is a Latin term used in legal contexts to describe an act that is inherently wrong or evil, regardless of whether it is prohibited by law or not. The phrase “malum in se” translates to “wrong in itself” or “evil in itself.”
When an act is considered malum in se, it is universally recognized as morally or ethically wrong. These are actions that offend our inherent sense of justice and fairness. Such acts are typically understood as being inherently immoral, regardless of the specific laws governing a particular jurisdiction or society.
Examples of malum in se acts include murder, rape, theft, and assault. These actions are widely condemned by societies across cultures and are considered inherently evil.
The concept of malum in se should not be confused with malum prohibitum. While malum in se refers to acts that are inherently wrong, malum prohibitum refers to actions that are only considered wrong because they are expressly prohibited by law.
Acts like jaywalking, gambling, or underage drinking are examples of malum prohibitum. These activities are not universally regarded as immoral, but they are prohibited by specific laws to maintain order and ensure public safety.
The distinction between malum in se and malum prohibitum plays a crucial role in legal systems. Criminal laws are often designed to mainly address acts that are malum in se, focusing on acts that have a direct and inherent impact on individuals or society as a whole.
By distinguishing between these two types of acts, legal systems can differentiate between actions that should be universally condemned due to their inherent evilness and those that are merely regulated to maintain social order.
The concept of malum in se also guides legal reasoning and helps determine the severity of the punishment for offenses. Acts that are malum in se often carry more severe penalties compared to those that are malum prohibitum.