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Criminal Law

: DUI Blog

Why is Drunk Driving Illegal?

By Lawrence Taylor

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As a former law professor, I would start my criminal law courses with the basics: There are two kinds of laws: malum in se and malum prohibitum.  With the first, a law exists because the prohibited conduct is inherently bad; murder, theft and rape would be obvious examples.  With the second, the conduct is illegal simply because we decide that it should be; gambling, prostitution and possessing drugs come to mind. The malum in se laws are easy:  Is there a victim?  The malum prohibitum are more difficult: society must ask itself what kinds of conduct that does not directly involve harm to another should nevertheless be punished for whatever reason.  Often, the types of conduct included in this category are based upon moral judgments...continue to full post

Full post as published by DUI Blog on March 22, 2010 (boomark / email).

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