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He might command or allow as such punishment what in itself was inexpedient and injurious to them, and which upon the promulgation of a new law repealing the old and prohibiting what it allowed, would become by the sanction of the same lawgiver thenceforth universally malum prohibitum.
Of course it was shocking for a married woman to borrow money and Lily was expertly aware of the implication involved but still, it was the mere MALUM PROHIBITUM which the world decries but condones, and which, though it may be punished by private vengeance, does not provoke the collective disapprobation of society. To Miss Bart, in short, no such opportunities were possible.
A time-honored English maxim declares: "Est prohibitum habere commercium cum inimicis." When Great Britain attempted to enforce these recognized prohibitions against trading with the enemy it was found difficult to show that the suspected ships had in reality had dealings with the public enemy or with its agents.
Here, as always and everywhere, he betook himself to his "sinuous, easy, unpolemical" method, and thereby made his repugnance to the proposed change felt and understood in quarters which would never have listened to arguments from Leviticus, or fine distinctions between malum per se and malum prohibitum.
Here an illicit distiller is called a blockader, his business is blockading, and the product is blockade liquor. Just as the smugglers of old Britain called themselves free-traders, thereby proclaiming that they risked and fought for a principle, so the moonshiner considers himself simply a blockade-runner dealing in contraband. His offense is only malum prohibitum, not malum in se.
But, again, the supposed intuition of fitness does not seem to me to be coextensive with the thing to be accounted for. The lesser punishments are just as fit for the lesser crimes as the greater for the greater. The demand that crime should be followed by its punishment should therefore be equal and absolute in both. Again, a malum prohibitum is just as much a crime as a malum in se.
Danny had no choice but to break the law or abandon the only career for which he had an aptitude, or by which he could hope to earn a living at his age. His crime was malum prohibitum, not malum in se, but it was, nevertheless, a violation of a most necessary law. Certainly none of us wish to be doctored by tyros or humbugs, or to have our animals treated by them.
Conflicts would have arisen between our countrymen and the local magistrates, who would not, like the authorities of Canton, have had some knowledge of European habits and feelings. The mere malum prohibitum would, as usual, have produced the mala in se. The unlawful traffic would inevitably have led to a crowd of acts, not only unlawful, but immoral.
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