Legal Definitions - de bien et de mal

De bien et de mal is a legal phrase meaning "of good and evil" or "concerning good and evil." It refers to a person's ability to understand the moral nature of their actions and distinguish between right and wrong. This concept is often crucial in legal assessments of criminal responsibility, mental capacity, and ethical conduct.

Here are some examples illustrating this concept:

• Imagine a criminal trial where the defense argues that the accused suffered from a severe mental illness at the time of the offense. The defense might contend that due to their condition, the individual lacked the capacity to act de bien et de mal, meaning they could not comprehend that their actions were morally wrong or illegal. The court would then evaluate whether the defendant possessed the mental ability to distinguish between right and wrong when the crime occurred, which is a fundamental aspect of determining criminal culpability.

• Consider a professional disciplinary hearing for a financial advisor accused of defrauding clients. The disciplinary board would investigate whether the advisor's actions demonstrated a clear understanding of the ethical obligations of their profession but a deliberate choice to violate them. If the advisor knowingly engaged in deceitful practices, it would indicate they understood the difference de bien et de mal regarding their professional duties but chose the "evil" path, warranting severe penalties.

• In a family law context, a court might assess a parent's capacity to raise a child, particularly if there are concerns about neglect or abuse. The court might look at whether the parent consistently fails to provide basic care or makes decisions that are clearly detrimental to the child's well-being, suggesting a fundamental inability to act de bien et de mal in their parenting responsibilities. This assessment helps determine if the parent understands and can fulfill the moral and legal obligations of parenthood.