malice \mal"ice\ (m[a^]l"[i^]s), n. [F. malice, fr. L. malitia,
from malus bad, ill, evil, prob. orig., dirty, black; cf. Gr.
me`las black, Skr. mala dirt. Cf. Mauger.]
1. Enmity of heart; malevolence; ill will; a spirit
delighting in harm or misfortune to another; a disposition
to injure another; a malignant design of evil. "Nor set
down aught in malice." --Shak.
[1913 Webster]
Envy, hatred, and malice are three distinct passions
of the mind. --Ld. Holt.
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2. (Law) Any wicked or mischievous intention of the mind; a
depraved inclination to mischief; an intention to vex,
annoy, or injure another person, or to do a wrongful act
without just cause or cause or excuse; a wanton disregard
of the rights or safety of others; willfulness.
[1913 Webster]
Malice aforethought or Malice prepense, malice previously
and deliberately entertained.
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Syn: Spite; ill will; malevolence; grudge; pique; bitterness;
animosity; malignity; maliciousness; rancor; virulence.
Usage: See Spite. -- Malevolence, Malignity,
Malignancy. Malice is a stronger word than
malevolence, which may imply only a desire that evil
may befall another, while malice desires, and perhaps
intends, to bring it about. Malignity is intense and
deepseated malice. It implies a natural delight in
hating and wronging others. One who is malignant must
be both malevolent and malicious; but a man may be
malicious without being malignant.
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Proud tyrants who maliciously destroy
And ride o'er ruins with malignant joy.
--Somerville.
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in some connections, malignity seems rather more
pertinently applied to a radical depravity of
nature, and malignancy to indications of this
depravity, in temper and conduct in particular
instances. --Cogan.
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The Collaborative International Dictionary of English v.0.48
Malice \Mal"ice\, v. t.
To regard with extreme ill will. [Obs.]
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The Collaborative International Dictionary of English v.0.48
malice
n 1: feeling a need to see others suffer [syn: maliciousness, spite,
spitefulness, venom]
2: the quality of threatening evil [syn: malevolence, malevolency]
WordNet (r) 2.0
75 Moby Thesaurus words for "malice":
Anglophobia, Russophobia, abhorrence, abomination, animosity,
animus, antagonism, anti-Semitism, antipathy, aversion, bane,
belligerence, bigotry, bile, bitchiness, bitterness, clash,
clashing, collision, conflict, contention, cussedness, despite,
despitefulness, detestation, devilment, devilry, deviltry, dislike,
down, enmity, evil intent, execration, friction, grudge,
harmfulness, hate, hatefulness, hatred, hostility, ill will,
iniquitousness, invidiousness, loathing, maleficence, malevolence,
malice aforethought, malice prepense, maliciousness, malignance,
malignancy, malignity, meanness, misandry, misanthropy, misogyny,
nastiness, noxiousness, odium, orneriness, poison, quarrelsomeness,
race hatred, racism, repugnance, resentment, spite, spitefulness,
spleen, umbrage, venom, vials of hate, vials of wrath, wickedness,
xenophobia
Moby Thesaurus II by Grady Ward, 1.0
MALICE, torts. The doing any act injurious to another without a just cause.
2. This term, as applied to torts, does not necessarily mean that which
must proceed from a spiteful, malignant, or revengeful disposition, but a
conduct injurious to another, though proceeding from an ill-regulated mind
not sufficiently cautious before it occasions an injury to another. 11 S. &
R. 39, 40.
3. Indeed in some cases it seems not to require any intention in order
to make an act malicious. When a slander has been published, therefore, the
proper question for the jury is, not whether the intention of the
publication was to injure the plaintiff, but whether the tendency of the
matter published, was so injurious. 10 B. & C. 472: S. C. 21 E. C. L. R.
117.
4. Again, take the common case of an offensive trade, the melting of
tallow for instance; such trade is not itself unlawful, but if carried on to
the annoyance of the neighboring dwellings, it becomes unlawful with respect
to them, and their inhabitants may maintain an action, and may charge the
act of the defendant to be malicious. 3 B. & C. 584; S. C. 10 E. C. L. R.
179.
Bouvier's Law Dictionary, Revised 6th Ed (1856)
MALICE, crim. law. A wicked intention to do an injury. 4 Mason, R. 115, 505:
1 Gall. R. 524. It is not confined to the intention of doing an injury to
any particular person, but extends to an evil design, a corrupt and wicked
notion against some one at the time of committing the crime; as, if A
intended to poison B, conceals a quantity of poison in an apple and puts it
in the way of B, and C, against whom he had no ill will, and who, on the
contrary, was his friend, happened to eat it, and die, A will be guilty of
murdering C with malice aforethought. Bac. Max. Reg. 15; 2 Chit. Cr. Law,
727; 3 Chit. Cr. Law,. 1104.
2. Malice is express or implied. It is express, when the party evinces
an intention to commit the crime, as to kill a man; for example, modern
duelling. 3 Bulst. 171. It is implied, when an officer of justice is killed
in the discharge of his duty, or when death occurs in the prosecution of
some unlawful design.
3. It is a general rule that when a man commits an act, unaccompanied
by any circumstance justifying its commission, the law presumes he has acted
advisedly and with an intent to produce the consequences which have ensued.
3 M. & S. 15; Foster, 255; 1 Hale, P. C. 455; 1 East, P. C. 223 to 232, and
340; Russ. & Ry. 207; 1 Moody, C. C. 263; 4 Bl. Com. 198; 15 Vin. Ab. 506;
Yelv. 105 a; Bac. Ab. Murder and Homicide, C 2. Malice aforethought is
deliberate premeditation. Vide Aforethought.
Bouvier's Law Dictionary, Revised 6th Ed (1856)
malevolence, malevolency, maliciousness, spite, spitefulness, venom
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