Wednesday, May 23

Cafe Hayek: Malum in se; malum prohibitum

Don Boudreaux's distinction
between actions that are malum in se and actions that are malum prohibitum. Some actions are malum in se -- wrong in themselves. Examples are murder, rape, theft, and fraud. These actions are now formally prohibited by legislation, but their wrongness -- indeed, their very illegality -- exists independently of legislative prohibition....

Other actions are malum prohibitum -- "wrong" merely because the government proclaims these actions to be wrong. One example is avoiding taxes. If Uncle Sam tomorrow abolishes the federal income tax, failure of Americans to send money to Washington would be neither wrong nor criminal, and persons who send no money to Washington would not be regarded by their neighbors and co-workers as despicable louts whose company should be avoided.

Jason B.'s comment:
Illegal immigrants coming here to live and work are engaging in voluntary transactions with other willing individuals. They are not violating anyone else's natural rights.

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