LAWS 1000 Lecture Notes - Lecture 2: Malum Prohibitum, Black Letter Law, Binge Drinking
18 Feb 2016
School
Department
Course
Professor
Document Summary
Week 2 crime as an object of study. Malum in se/malum prohibitium; crime as deviance; crime as law"s product; liberty limiting. Not as simple as we think to answer. 3 ways to answer that question: malum in se, deviance, law"s product, crime as a wrong in itself. Malum prohibitum vs. malum in se: conduct that constitutes an unlawful act only by virtue of statue (malum prohibitum), as opposed to conduct that is evil in itself (malum in se) Garofalo (1851-1934): founding father of criminology, wanted criminology to be a scientific discipline; however, for that to happen criminology would need an object of study that is stable and crime is not, it changes over time and space. Behavior that is evil in itself, and not just because legislation decided to call them wrong. Violates human nature; goes against what is natural human behavior. Shows a lack of pity and a lack of honesty.
