Malum In Se
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Malum In Se
''Malum in se'' (plural ''mala in se'') is a Latin phrase meaning ''wrong'' or ''evil in itself''. The phrase is used to refer to conduct assessed as sinful or 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, most human beings believe that murder, rape, and robbery are wrong, regardless of whether a law governs such conduct or where the conduct occurs, and is thus recognizably ''malum in se''. In contrast, ''malum prohibitum'' crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state. For example, most United States jurisdictions require drivers to drive on the right side of the road. This is not because driving on the left side of a road is considered immoral, but because consistent rules promote safety and order on the roads. The question between inherently wrong versus prohibited most li ...
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List Of Latin Phrases
__NOTOC__ This is a list of Wikipedia articles of Latin phrases and their translation into English. ''To view all phrases on a single, lengthy document, see: List of Latin phrases (full)'' The list also is divided alphabetically into twenty pages: * List of Latin phrases (A) * List of Latin phrases (B) * List of Latin phrases (C) * List of Latin phrases (D) * List of Latin phrases (E) * List of Latin phrases (F) * List of Latin phrases (G) * List of Latin phrases (H) * List of Latin phrases (I) * List of Latin phrases (L) * List of Latin phrases (M) * List of Latin phrases (N) * List of Latin phrases (O) * List of Latin phrases (P) * List of Latin phrases (Q) * List of Latin phrases (R) * List of Latin phrases (S) * List of Latin phrases (T) * List of Latin phrases (U) * List of Latin phrases (V) See also * Latin influence in English * Latinism Lists * List of abbreviations used in medical prescriptions * List of ecclesiastical abbreviations * List of ...
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Malum Prohibitum
''Malum prohibitum'' (plural ''mala prohibita'', literal translation: "wrong [as or because] prohibited") is a List of Latin phrases, Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself, or ''malum in se''. Conduct that is so clearly violative of society's standards for allowable conduct that it is illegal under English common law is usually regarded as ''malum in se''. An offense that is ''malum prohibitum'' may not appear on the face to directly violate morality, moral standards. The distinction between these two cases is discussed in ''State of Washington v. Thaddius X. Anderson'': Examples of offenses that are generally regarded as ''mala prohibita'' include disorderly conduct, gambling, Prohibition of drugs, possession of a controlled substance, prostitution, public intoxication, resisting arrest, Speed limit, speeding, and vagrancy. See also * Public-order crime * V ...
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Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that ...
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Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the t ...
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Euthyphro
''Euthyphro'' (; grc, Εὐθύφρων, translit=Euthyphrōn; c. 399–395 BC), by Plato, is a Socratic dialogue whose events occur in the weeks before the trial of Socrates (399 BC), between Socrates and Euthyphro. The dialogue covers subjects such as the meaning of piety and justice. As is common with Plato's earliest dialogues, it ends in aporia. In this dialogue, Socrates meets Euthyphro at the porch of the King Archon. Socrates tells him that he is preparing to go to court against the charges of Meletus on the grounds of impiety. Euthyphro tells Socrates that he is going to court himself to prosecute his father for binding a worker in chains and leaving him to die. This has granted him the ire of his own family who believe his father was in the right. The worker had killed a fellow worker, which they believe exempts his father from liability for leaving him bound in the ditch to starve to death. Since Euthyphro seems assured of himself, Socrates asks him to define ...
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Common Law Offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law
Parliament of Australia Library
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Non-aggression Principle
The non-aggression principle (NAP), also called the non-aggression axiom, is a concept in which aggression, defined as initiating or threatening any forceful interference (violating or breaching conduct) against either an individual, their propertyWithin the context of the NAP, property is defined as both personal possessions and private property. or against promises (contracts) for which the aggressor is liable and in which the individual is a counterparty, is inherently wrong. There is no single or universal interpretation or definition of the NAP, with different definitions varying in regards to how to treat intellectual property, force, abortion, and other topics. The non-aggression principle is considered by some to be an essential idea in libertarianism, anarcho-capitalism or minarchism. Justifications The principle has been derived by various philosophical approaches, including: * Argumentation ethics: some modern right-libertarian thinkers ground the non-aggression ...
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Just War Theory
The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Op ...
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Euthyphro Dilemma
The Euthyphro dilemma is found in Plato's dialogue ''Euthyphro'', in which Socrates asks Euthyphro, "Is the pious ( τὸ ὅσιον) loved by the gods because it is pious, or is it pious because it is loved by the gods?" ( 10a) Although it was originally applied to the ancient Greek pantheon, the dilemma has implications for modern monotheistic religions. Gottfried Leibniz asked whether the good and just "is good and just because God wills it or whether God wills it because it is good and just". Ever since Plato's original discussion, this question has presented a problem for some theists, though others have thought it a false dilemma, and it continues to be an object of theological and philosophical discussion today. The dilemma Socrates and Euthyphro discuss the nature of piety in Plato's ''Euthyphro''. Euthyphro proposes (6e) that the pious ( τὸ ὅσιον) is the same thing as that which is loved by the gods ( τὸ θεοφιλές), but Socrates finds a problem ...
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Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ...
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