Malum In Se

Definition

Latin for 'bad in itself'—conduct that is inherently morally wrong (like murder), as distinguished from malum prohibitum (bad only because it's prohibited by law).

Example Usage

Robbery is malum in se; it's morally wrong regardless of legal status, unlike jaywalking, which is merely malum prohibitum.

Origin

From Latin 'malum in se,' literally 'bad in itself'

Fun Fact

The distinction matters in criminal law because malum in se crimes often carry stricter penalties and require proof of mens rea

Source: Criminal law and legal theory terminology

Related Terms

Beginner

sidebar conference

A private discussion between attorneys and the judge at the side of the courtroom, out of the jury's hearing. Where lawyers argue about things too technical or prejudicial for civilian ears.

⚖️ Legal

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licensing

The formal process of granting official permission to do something that's otherwise restricted, usually involving fees, paperwork, and the DMV's special brand of soul-crushing bureaucracy. This authorization system lets governments and organizations control who gets to practice medicine, sell alcohol, or use copyrighted materials. It's capitalism's way of saying "you can do that... after you pay us and pass our tests."

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Intermediate

negligent

The legal term for "you should have known better and now you're liable for it," describing someone who failed to exercise reasonable care and caused harm as a result. It's the sweet spot between accidentally harmful and intentionally malicious—you didn't mean to do it, but you definitely should have seen it coming. The foundation of countless lawsuits and the reason warning labels exist on everything including coffee.

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Advanced

conciliation

The kinder, gentler cousin of litigation where a neutral third party helps feuding parties find common ground before lawyers drain everyone's bank accounts. It's less formal than mediation but more structured than angry phone calls. Companies love it because it's cheaper than court; employees tolerate it because it's faster than the alternative.

⚖️ Legal

Intermediate

juvenile

In legal terminology, a person too young to face the full wrath of the adult criminal justice system, because apparently your brain isn't fully criminal until later. The age-based get-out-of-jail-slightly-easier card that recognizes teenagers make terrible decisions but don't deserve permanent records. A minor who committed a crime and gets processed through a justice system with training wheels.

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Intermediate

disclosure

The act of revealing previously confidential information, whether legally required or strategically chosen. In corporate and legal contexts, disclosure rules govern what must be shared with investors, regulators, or opposing counsel. It's transparency, but only after lawyers have thoroughly reviewed what transparency actually means.

⚖️ Legal

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