Legal Definitions - mala prohibita

The legal term mala prohibita (pronounced MAH-lah proh-HIB-ih-tah) refers to acts that are considered wrong or illegal because a specific law or statute prohibits them, rather than because they are inherently evil or immoral in themselves. The "wrongness" of these acts stems entirely from their legal prohibition; without the law, the act would not necessarily be seen as wrong.

Here are some examples to illustrate this concept:

• Example 1: Driving Above the Posted Speed Limit

  Imagine a driver traveling at 45 miles per hour on a road where the posted speed limit is 30 miles per hour. While speeding can increase the risk of accidents and is therefore regulated for public safety, the act of driving at 45 mph is not inherently evil or immoral in the way that theft or assault might be. It becomes illegal and "wrong" solely because a specific traffic law prohibits exceeding the 30 mph limit in that area. If the law were different, or if no speed limit were posted, the act itself would not be considered a transgression.

• Example 2: Operating a Business Without a License

  Consider a talented baker who decides to open a small cupcake shop but fails to obtain the necessary business permits and health certifications from the local government. Baking and selling cupcakes is not an inherently immoral activity. However, operating a commercial food establishment without the required licenses and inspections is illegal because local ordinances mandate these permits to ensure public health, safety, and fair business practices. The wrongness of the baker's actions arises entirely from the violation of these specific regulatory laws, not from any inherent evil in selling baked goods.

• Example 3: Parking in a "No Parking" Zone

  A driver quickly parks their car in an area clearly marked with a "No Parking" sign while they run into a store for a moment. Parking a vehicle is not an inherently harmful or immoral act. However, parking in a designated "No Parking" zone is illegal because traffic laws and local ordinances prohibit it, often to maintain traffic flow, ensure access for emergency vehicles, or for other public safety and convenience reasons. The act is considered wrong and subject to penalty solely because a legal rule has been established by authorities to forbid it.