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单词 malum prohibitum
释义

malum prohibitumn.adj.

Brit. /ˈmeɪləm prəʊˈhɪbɪtəm/, /ˈmaləm prəʊˈhɪbɪtəm/, U.S. /ˈmɑləm ˌproʊˈhɪbᵻdəm/
Inflections: Plural mala prohibita.
Origin: A borrowing from Latin. Etymon: Latin malum prohibitum.
Etymology: < post-classical Latin malum prohibitum < classical Latin malum an evil thing (use as noun of neuter of malus bad: see mal- prefix) + prohibitum forbidden (neuter of past participle of prohibere prohibit v.); compare malum in se n.Occasionally interpreted as if < classical Latin mālum apple (see male n.2); compare quot. 1904, and forbidden fruit at forbidden adj. Compounds.
Something which is not intrinsically wicked, but which is regarded as wrong because it contravenes a law or regulation. Also as adj.: evil by convention rather than by inherent nature.
ΚΠ
a1710 R. Atkyns Parl. & Polit. Tracts (1734) 296 The Distinction of Mala Prohibita, into such as are dispensable, and such as are not dispensable.
1870 H. Greeley Ess. Polit. Econ. xviii. 256 There are persons enough engaged in commerce who can make the distinction between what is malum prohibitum and what is malum in se, with as much acuteness and nicety as the most experienced barrister, and who look upon the breach of a revenue law as a very different thing from a breach of the Ten Commandments.
1904 E. C. Brewer Dict. Phrase & Fable 799/1 Malum prohibitum, what is wrong merely because it is forbidden, as eating a particular fruit was wrong in Adam and Eve, because they were commanded not to do so. Doing secular work on the Sabbath.
1925 Amer. Mercury Oct. 191/2 The miners..flock to the first union organizer who hoists a foghorn voice into the snow peaks, and delinquencies both mala prohibita and mala in se in alleys and purlieus take on an exhilarating frequency.
1961 Amer. Jrnl. Internat. Law 55 991 No distinction should be drawn between civil and criminal cases, when the accusation is with reference to something which is malum prohibitum, as in the case here.
1992 J. M. Kelly Short Hist. Western Legal Theory vii. 295 The right to punish mere mala prohibita, things originally indifferent but forbidden by the lawgiver, he also derived from a supposed contractual source.
This is a new entry (OED Third Edition, June 2000; most recently modified version published online March 2022).
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n.adj.a1710
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