Legal Definitions - mala antiqua

Mala antiqua refers to actions that are considered inherently wrong and harmful to society, with their criminality recognized across many cultures and throughout history. These are offenses that are wrong in themselves, regardless of whether a specific law has been written to prohibit them, because they violate fundamental moral principles and societal norms that have existed for centuries.

• Example 1: Intentional Homicide

  Imagine a scenario where one individual deliberately takes the life of another without justification. This act, often referred to as murder, is universally condemned.

  Explanation: Intentional homicide is a prime example of a mala antiqua because virtually every known society, from ancient civilizations to modern nations, has recognized it as a grave offense against human life and societal order. Its wrongfulness is intrinsic, not merely a result of a specific statute.

• Example 2: Theft

  Consider a person who secretly enters another's dwelling and steals their valuable possessions, such as jewelry or money.

  Explanation: The act of theft, or taking someone else's property without their consent, has been considered a wrongful act that disrupts social harmony and violates individual rights of ownership since antiquity. Its prohibition is deeply rooted in human societies, making it a clear instance of a mala antiqua.

• Example 3: Perjury

  Suppose a witness in a court trial knowingly provides false testimony under oath, intending to mislead the judge and jury about crucial facts.

  Explanation: Deliberately lying in a legal proceeding (perjury) is an act that undermines the integrity of justice and the pursuit of truth. Societies have long recognized the importance of honest testimony for fair resolution of disputes, making perjury an offense that has been condemned for centuries as inherently wrong and damaging to the legal system, thus qualifying as a mala antiqua.