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Mala Prohibita

Definition

An act that is wrong only because a statute prohibits it, such as jaywalking or unlicensed fishing. Remove the statute and the wrongness disappears.

Related terms

Criminalisation
The formal process by which a legislature converts a previously lawful or merely deviant act into a criminal offence, typically by enacting...
Legalistic Definition of Crime
Sutherland's definition: crime is behaviour prohibited by the state as injurious to the state, punishable by law. It ties the concept of...
Mala in Se
An act treated as inherently wrong in itself, such as murder or rape, independent of whether a statute names it. The wrongness...
Moral Panic
A period of intense, media-driven public anxiety about a group or behaviour perceived as an exceptional threat to social order. Coined by...
Social Construction of Crime
The view that what counts as criminal is not fixed by nature but produced through social, political and historical processes, so the...

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