It's because the concept of malice itself is useless in such a razor, by design. It's completely undefined. When convenient, shameless self-interest stops being 'malice', it's just someone looking out for themselves. Wanton disregard for consequences stops being 'malice', it's just a lack of care. The bad actor can just claim a lack of foresight or insight, thereby turning all their actions 'stupid' and evading the heavier punishment they risk for undefined 'malice'. Hanlon's Shield is what it should be called.

It's because the concept of malice itself is useless in such a razor, by design. It's completely undefined. When convenient, shameless self-interest stops being 'malice', it's just someone looking out for themselves. Wanton disregard for consequences stops being 'malice', it's just a lack of care. The bad actor can just claim a total lack of foresight or insight, thereby turning all their actions 'stupid' and evading the heavier punishment they risk for undefined 'malice'. Hanlon's Shield is what it should be called.