Legal Definitions - malum prohibitum

Malum prohibitum describes an act that is considered unlawful simply because a law or regulation forbids it, rather than because the act is inherently evil or morally wrong in itself. These are actions that society has chosen to regulate or prohibit for reasons of public order, safety, or convenience, even if the act isn't universally seen as immoral. The "wrongness" of a malum prohibitum act stems entirely from its legal prohibition.

Here are some examples to illustrate this concept:

• Jaywalking: Crossing a street outside of a designated crosswalk or against a traffic signal is often prohibited by local ordinances. There is nothing inherently immoral about walking across a street; it does not violate a universal moral code. However, laws against jaywalking are enacted to ensure pedestrian safety, regulate traffic flow, and prevent accidents. The act becomes illegal and punishable solely because the law prohibits it, not because it is intrinsically evil.

• Operating a food truck without a health permit: Many jurisdictions require food vendors, including food trucks, to obtain specific health permits and licenses before they can operate. Preparing and selling food is not inherently immoral. However, these permits ensure that the vendor meets hygiene standards, food safety regulations, and public health requirements. If a food truck operates without the necessary permit, its actions are considered malum prohibitum because the law specifically forbids operating without that authorization, regardless of whether the food being served is actually unsafe.

• Parking in a "No Parking" zone: Parking a vehicle is not an inherently immoral act. However, municipalities establish "No Parking" zones for various reasons, such as maintaining clear pathways for emergency vehicles, ensuring smooth traffic flow, or reserving space for specific purposes like bus stops. If a driver parks their car in such a zone, they are committing a malum prohibitumoffense. The act is illegal solely because a sign or ordinance prohibits it, not because parking itself is morally objectionable.