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Malum in se (plural mala in se) is a Latin phrase
List of Latin phrases

This page lists direct English language translations of common Latin phrases, such as veni, vidi, vici and et cetera. Some of the phrases are themselves translations of List of Greek phrases, as Greek language rhetoric and literature were highly regarded in ancient Rome when Latin rhetoric and literature were still maturing....
 meaning wrong or evil in itself. This concept is a part of the value consensus model explanation of the origins of the criminal law. The phrase is used to refer to conduct assessed as inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from malum prohibitum
Malum prohibitum

Malum prohibitum is a List of Latin phrases used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct evil in and of itself, or malum in se. Conduct that was so clearly violative of society's standards for allowable conduct that it was illegal under English common law is usuall...
, which is wrong only because it is prohibited.






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Malum in se (plural mala in se) is a Latin phrase
List of Latin phrases

This page lists direct English language translations of common Latin phrases, such as veni, vidi, vici and et cetera. Some of the phrases are themselves translations of List of Greek phrases, as Greek language rhetoric and literature were highly regarded in ancient Rome when Latin rhetoric and literature were still maturing....
 meaning wrong or evil in itself. This concept is a part of the value consensus model explanation of the origins of the criminal law. The phrase is used to refer to conduct assessed as inherently wrong by nature, independent of regulations governing the conduct. It is distinguished from malum prohibitum
Malum prohibitum

Malum prohibitum is a List of Latin phrases used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct evil in and of itself, or malum in se. Conduct that was so clearly violative of society's standards for allowable conduct that it was illegal under English common law is usuall...
, which is wrong only because it is prohibited. For example, murder of human beings is universally agreed to be wrong by other human beings, regardless of whether a law exists or where the conduct occurs, and is thus recognizably malum in se. In contrast, consider driving laws. In the U.S., people drive on the right-hand side of the road. In the UK and other states of the Commonwealth, people drive on the left-hand side. Violation of these rules is an example of a malum prohibitum law because the act is not inherently bad, but is forbidden by policy, as set forth by the policy-makers of the jurisdiction. Malum prohibitum crimes are criminal not because they are inherently bad, but because the prohibited act is forbidden by the policy of the state. Crime
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
s such as larceny
Larceny

Larceny was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law....
, rape
Rape

Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent....
 and murder
Murder

Murder as defined in common law countries, is the unlawful killing of another human being with intent , and generally this state of mind distinguishes murder from other forms of unlawful homicide....
 are considered malum in se. This concept was used to develop the various common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 crimes. It may be criticized by remarking that if murder and rape may be considered generally defined as crimes, the inclusion of different behaviors that can be punished under such indictments are culturally variable (see marital rape, statutory rape
Statutory rape

The phrase statutory rape is a term used in some legal jurisdictions to describe consensual sexual relations that take place when an individual has sexual relations with an individual not old enough to legally consent to the behavior....
, infanticide
Infanticide

Infanticide is the practice of someone intentionally causing the death of an infant. Often it is the mother who commits the act, but criminology recognizes various forms of non-maternal child murder....
).