@overlordarhas: If we define malice as the intention to do evil, wrong, and or desire to commit or cause injury or pain or harm to another or others. Then it depends. Its as innate in us as our awareness, intelligence, consciousness and individuality are. Are we considered aware, intelligent, conscious or as individuals when we are sperm? Not usually. I can't remember exactly but I think babies usually develop what we consider consciousness around five months of age and the development of awareness, knowledge and intelligence within us as well as our individuality are all things that occur in various different ways. Since we don't like in a perfect bubble, the development of the aforementioned as well as just the development of our physical health will be influenced by factors both internal to us and external. Our combination of awareness, intelligence, consciousness and individuality is what determines our ability to act in malice. Since there are different degrees of awareness, intelligence, consciousness and individuality and another important variable, experience, you can have situations where people will act in malice.
From there you can question whether the person felt justified, why they felt justified, whether they were driven by righteousness, whether they consider themselves wrong but consider the other person deserved it, whether they even considered anything at all, maybe they acted from instinct or emotion and retroactively process their acts as malice. In any sense the capacity for moral or ethical behavior and action depends on internal and external factors, intelligence, experience, awareness, empathy, consciousness and also the situations to apply that ability in practice and also contrast it with others, and other things. Like we can contrast such questions against cats and stones. Stones have no brains or capacity for awareness, intelligence etc but cats to some degree are, just not on the same level as humans, but humans experience, awareness, knowledge and all that can differ quite a bit and again differ for internal reasons and external reasons.
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