Natural Crime and Legal Crime?
which crimes might be considered mala in se (wrong in itself) or mala prohibita (wrong only because it is prohibited by law). Include a rationale for your decisions.
Answers:
selling crack vs. selling weed
Malum in se refers to those actions that are condemned by the community morality -- however, in any large diverse culture you might have more than one morality in application.
So, malum in se crimes would (theoretically) be limited to only those things nearly-universally condemned by all the religions and cultures that make up the community -- murder, rape, etc.
Or from a utilitarian perspective (ignoring morality), anything that directly damages the functionality or coherence of the community could be malum in se.
adultery is one that is only wrong because people decided it is wrong. we are the only living thing that requires monogamy and punishes those who don't not adhere.
why do we cheat because it is in our nature to. I don't believe we are meant to be with just one person and out instinct fights it. some are happy with monogamy but that is a choice not legislated.
one that would be considered wrong in itself would be talking loud on your cell phone in public, why because i said so...OK just kidding on that one.
hum the one that is wrong in itself is a lot harder because it could always be argued that it is societies influence is what makes us feel it wrong but here is a try at it
Infant abandonment- I say this becuase their is a natural guilt for the person who commits this act. it stems from the instictual bond that is formed with the mother. no one has to tell her its wrong she just knows. now some people have their wires crossed and this instinct doesnt kick in but for the most part the rule it true
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