mala prohibita
statutory crime that reflects public opinion at a moment in time
“Mala prohibita” is a Latin term that refers to conduct that is not inherently evil or immoral, but is considered wrong or illegal because it is prohibited by law. Examples of mala prohibita offenses include traffic violations, tax evasion, and public urination.
The term is often contrasted with “mala in se,” which refers to conduct that is considered inherently wrong or evil, such as murder or theft.
The concept of mala prohibita recognizes that what is considered “right” or “wrong” can vary depending on cultural and social norms, and that laws and regulations can change over time. It is also important to note that not all mala prohibita offenses are seen as equally serious or warranting the same level of punishment.
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