Legal Definitions - mala in se

The Latin term mala in se refers to acts that are considered inherently wrong or evil, regardless of whether a specific law prohibits them. These are actions that violate fundamental moral principles and are almost universally condemned by society, reflecting a natural sense of injustice or harm.

Here are some examples to illustrate this concept:

• Example 1: Intentional Homicide

  If an individual deliberately takes another person's life without justification, this act is considered mala in se. The act of murder is universally recognized as morally reprehensible and fundamentally wrong, irrespective of specific legal codes. Societies across different cultures and time periods have condemned the intentional killing of another human being, reflecting an innate understanding that such an act is a profound violation of human life and dignity.

• Example 2: Robbery

  When someone takes property from another person through force or intimidation, this is an act of robbery, which is mala in se. The inherent wrongness lies not just in the taking of property, but in the violation of personal safety and autonomy, and the use of coercion. Even in the absence of a formal legal system, most people would agree that violently seizing another's possessions is an unjust and harmful act, violating basic rights to security and ownership.

• Example 3: Sexual Assault

  Any non-consensual sexual act is a clear example of an offense that is mala in se. The profound violation of a person's bodily autonomy, dignity, and personal safety is universally understood as deeply wrong and harmful. This act is condemned across virtually all societies because it inflicts severe physical and psychological trauma, violating fundamental human rights and moral boundaries, independent of specific statutes.