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malum in se

Evil in itself.

2. An offence malum in se is one which is naturally evil, as murder, theft, and the like; offences at common law are generally mala in sese.

3. An offence malum prohibitum, on the contrary, is not naturally an evil, but becomes so in consequence of its being forbidden; as playing at games, which being innocent before, have become unlawful in consequence of being forbidden. Vide Bac. Ab. Assumpsit, A, note; 2 Rolle's Ab. 355.

Source : Bouvier 1856

Language : English

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