In the news today: Rosa Parks is dead at 92. Sad news for her relatives and fans, but it got me thinking about the law, and how I really love how the Internet has given the common man such an ability to learn. In a lot of discussions with friends and online opponents, I’ve ended up discussing law. Not being a lawyer, of course, I’ve had to go for common-sense answers. Today, finally, I found something online that was really helpful:
Malum in se vs. Malum prohibitum.
In short, Malum in se is something which is illegal because it is inherently recognized as wrong, such as murder, rape, and theft. Malum prohibitum, on the other hand, refers to things which are illegal because they further a policy or doctrine, such as speed limits, immigration policies, and copyright regulations.
I realize that a first-year law student already knows this stuff. Oh, well.
Anyway, it clears up a lot of my confusion for me regarding ethics. I’ve often tried to prove the point that sometimes breaking a law is the correct ethical decision, even though it may land one in jail. For instance, violating the current draconian copyright laws can be, in my opinion, justified in certain circumstances as civil disobedience.
Rosa Parks, who died yesterday, was violating a law by refusing to give up her seat. Yet who today would argue that what she was doing was immoral? I’d submit very few would.
The U.S. Revolutionary War was fought and won “illegally”. And yet, today, the participants are celebrated as heroes. Had they lost, they’d have been vilified as instigators of a civil war.
It’s an interesting thing. It seems like you have to break a law in order to challenge it. At what point is breaking that law justified? It seems as if many of our most bitterly-fought legal battles involve some question as to whether those laws are malum in se or malum prohibitum. The ones that come to mind are abortion laws, church/state separation issues, freedom of speech… core stuff.