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I think purely malicious intent qualifies as evil action. It may not make the person involved evil, but certainly the act employed. I believe a large number of people would agree with me on that assertion as well.
You're correct in the idea that, at least in most cases, good and evil are relative to the belief system of a person or group. I think some types of "evil" are so widely shared though, that they can be called universal for practical purposes.
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"Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are even incapable of forming such opinions." - Albert Einstein
"Wise men talk because they have something to say; fools, because they have to say something." - Plato
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