What does "mala prohibita" refer to?

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The term "mala prohibita" refers to actions that are considered wrong specifically because they are prohibited by law. This concept contrasts with "mala in se," which relates to acts that are inherently immoral or wrong regardless of legal statutes. The distinction is important in legal studies, as it highlights how some actions may not be wrong in a moral sense yet are deemed illegal due to societal or legislative decisions.

For example, acts like driving without a license or selling certain types of alcohol without a permit are considered mala prohibita. Such actions do not possess an inherent moral wrongdoing but are regulated by law to maintain order and public safety. Understanding mala prohibita helps clarify legal accountability, as it emphasizes that legality does not always correlate with moral values.

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