Violation of the law
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A wrong (from
Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlers in the mid-5th ...
– 'crooked') is an act that is illegal or
immoral Immorality is the violation of moral laws, norms or standards. It refers to an agent doing or thinking something they know or believe to be wrong. Immorality is normally applied to people or actions, or in a broader sense, it can be applied to gr ...
. Legal wrongs are usually quite clearly defined in the law of a state and/or
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
. They can be divided into
civil wrong Civil may refer to: * Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights * Civil disobedience *Civil engineering * Civil (journalism), a platform for independent journalism *Civilian, someone not a m ...
s and
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
s (or ''criminal offenses'') in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
countries, while civil law countries tend to have some additional categories, such as contraventions. Moral wrong is an underlying concept for legal wrong. Some
moral A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. ...
wrongs are punishable by law, for example,
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 ...
or
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 ...
. Other moral wrongs have nothing to do with law, but are related to unethical behaviours. On the other hand, some legal wrongs, such as many types of parking offences, could hardly be classified as moral wrongs.


Legal wrong

A violation of law is any act (or, less commonly, failure to act) that fails to abide by existing law. Violations generally include both
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
s and
civil wrong Civil may refer to: * Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights * Civil disobedience *Civil engineering * Civil (journalism), a platform for independent journalism *Civilian, someone not a m ...
s. Some acts, such as
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
, can violate both civil and criminal laws. In law, a wrong can be a legal
injury An injury is any physiological damage to living tissue caused by immediate physical stress. An injury can occur intentionally or unintentionally and may be caused by blunt trauma, penetrating trauma, burning, toxic exposure, asphyxiation, o ...
, which is any damage resulting from a violation of a
legal right Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' a ...
. A legal wrong can also imply the state of being contrary to the principles of justice or law. It means that something is contrary to conscience or morality and results in treating others unjustly. If the loss caused by a wrong is minor enough, there is no compensation, which principle is known as ''
de minimis non curat lex ''De minimis'' is a Latin expression meaning "pertaining to minimal things", normally in the terms ''de minimis non curat praetor'' ("The praetor does not concern himself with trifles") or ''de minimis non curat lex'' ("The law does not concern ...
''. Otherwise, damages apply. The law of England recognised the concept of a "wrong" before it recognised the distinction between
civil wrong Civil may refer to: * Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights * Civil disobedience *Civil engineering * Civil (journalism), a platform for independent journalism *Civilian, someone not a m ...
s (governed by civil law) and
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
s (defined by
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
), which distinction was developed during the thirteenth century. Civil law violations usually lead to civil penalties like fines, criminal offenses to more severe punishments. The severity of the punishment should reflect the severity of the violation (
retributive justice Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. As opposed to revenge, retribution—and thus ret ...
). In realistic situations and for minor violations, however, altruistic punishment was shown not 'to fit the crime'. This subdivision is similar to the distinction between misdemeanours, and felonies. Other examples of violations of law include: *
Infraction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...
, in United States law, minor or
petty offense A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...
s that do not require
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a signific ...
. In common usage, "violations" are treated as synonymous with infraction. *
Willful violation In the North American legal system and in US Occupational Safety and Health Administration regulations, willful violation or willful non-compliance is a violation of workplace rules and policies that occurs either deliberately or as a result of n ...
, in U.S. law an act with intentional disregard for a regulation, statute and policy * Infringement, various violations of laws or rights, usually used in the context of intellectual property ** e.g. copyright violation *
Breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...
*
Probation violation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
* against traffic rules ** Moving violation, any violation of law committed by a driver while the vehicle is in motion ** Parking violation, parking a motor vehicle in a restricted place or an unauthorized manner


See also

* Error * Evil * Goodness and value theory * Guilt (law) * Illegalism *
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
* Moral rights *
Natural and legal rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' an ...
*
Rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory ...


References


Bibliography

*Willis, Hugh. ''Principles of the Law of Damages''. The Keefe-Davidson Co.: St. Paul, 1910.


External links

{{Set index article Criminal law Concepts in ethics Civil law (common law) Legal doctrines and principles