wrongfulness

Wrongfulness refers to the unlawful nature of conduct—that is, the violation of a norm that safeguards a protected interest, whether legal or moral. In many legal systems, wrongfulness is the first question in determining liability: if an act is not wrongful, liability may fail even if other elements are present. Wrongfulness is distinct from culpability or fault, which concern the actor’s mental state and degree of responsibility. An act may be considered wrongful in law even if the actor did not intend harm, and conversely an act may be not wrongful if a justified or excused defense applies.

In criminal law, wrongfulness (the unlawfulness of the conduct) is typically analyzed together with actus reus (the physical act) and mens rea (the mental state). A breach of a prohibition or a violation of a duty to refrain can render an act wrongful. However, certain defenses can negate wrongfulness, such as necessity, self-defense, duress, or consent. Some jurisdictions also recognize reasons of state authority, emergency circumstances, or compliance with orders as negating unlawfulness in specific contexts.

Wrongfulness is not limited to criminal law. In civil and administrative contexts, the concept helps determine whether a conduct constitutes a tort or regulatory violation, and whether a duty owed to others has been breached. In international law, wrongfulness concerns violations of obligatory norms, though legitimate force, necessity, or lawful authority may remove the illicit character of certain acts.

Philosophically, wrongfulness overlaps with moral condemnation but is not identical. A conduct may be legally wrongful without universally recognized moral blame, and vice versa, depending on normative frameworks and context.