''Malum in se'' (plural ''mala in se'') is a

Latin phrase __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 pag ...

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 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 ...

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 ...

, and

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 perso ...

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 likely originated in Plato's Socratic dialogue,

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 su ...

, in which Socrates famously asked "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). In this case, do the gods command what is good, or do the gods command good? This concept was used to develop the various

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 ...

s. In the Case of Judication, it was determined that "that which is against natural law" is ''malum in se'' and is as such prohibited by Act of judicial trial and Criminal Law, however "that which is against statutory law" is ''malum prohibitum'' and is such an offence as is prohibited by Act of congressional hearing and Civil Law. The Libertarian idea of the "

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 propert ...

," is often a reference for determining amnesty by virtue of statute.12 Co Rep 74, https://www.bailii.org/ew/cases/EWHC/KB/1610/J22.html Another way to describe the underlying conceptual difference between "''malum in se''" and "''malum prohibitum''" is "''iussum quia iustum''" and "''iustum quia iussum''", namely something that is commanded (''iussum'') because it is just (''iustum'') and something that is just (''iustum'') because it is commanded (iussum).

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Latin legal terminology Criminal law {{Latin-legal-phrase-stub

See also

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