Mala in Se
A Disappearing Doctrine
Bibliographic Data
| ID | 9681237 |
|---|---|
| Authors | Nancy Travis Wolfe (University of South Carolina, corresponding author) |
| Year | 1981 |
| Volume | 19 |
| Issue | 1 |
| Pages | 131-144 |
| Publication date | 1981-05-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Criminology (JOURNAL) |
| Journal identifiers | ISSN: 0011-1384 • E-ISSN: 1745-9125 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1745-9125.1981.tb00407.x |
| OpenAlex | W1524607579 |
| Language | EN |
| Citations received | 2 |
| References cited | 7 |
Although the terms mala in se and mala prohibita appear in legal treatises, in court opinions, and in statutes, their definitions are far from clear. In the following article, the doctrine of mala in se is examined in regard to its historical genesis, the rationales which lie behind it, and its legal utility. Discussion of the concept involves questions about the relationship of the mala in se doctrine to common law, to mens rea, to the idea of sin or moral turpitude, and to statutory law. When viewed from an historical perspective, the distinction between the designations of mala in se and mala prohibita is far from precise; this definitional difficulty may presage gradual disappearance of the classifications from legal literature
Art · Common law · Criminal law · Doctrine · Legal doctrine · Mens rea · Perspective (graphical · Political science · Sociology · Statute · Statutory law · Comparative and International Law Studies · Law · Law, logistics, and international trade · Legal principles and applications · Philosophy
| Citations per year | 0.2 |
|---|---|
| Citation span | 2016 - 2019 (4) |
| Highly cited | No |