Legal terms (and useful distinction)
Aug. 6th, 2010 03:23 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
milktreeMalum in se
Refers to laws that make something illegal because it's clearly evil/bad. Like murder, robbery, arson, etc.
Malum prohibitum
Refers to laws that make something illegal because "we said so".
Trivial examples include driving on the right side of the road. (as long as we all do it the same)
Less trivial, but obviously easy ones are things like drug use, or underage drinking.
It's not a groundbreaking or revolutionary concept, but simply having words for "because I said so" laws makes it far easier to discuss laws that are.... outdated, or wrong. It breaks the subconscious assumption that all laws are good and to protect people.
Refers to laws that make something illegal because it's clearly evil/bad. Like murder, robbery, arson, etc.
Malum prohibitum
Refers to laws that make something illegal because "we said so".
Trivial examples include driving on the right side of the road. (as long as we all do it the same)
Less trivial, but obviously easy ones are things like drug use, or underage drinking.
It's not a groundbreaking or revolutionary concept, but simply having words for "because I said so" laws makes it far easier to discuss laws that are.... outdated, or wrong. It breaks the subconscious assumption that all laws are good and to protect people.
