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Lawful/Unlawful vs Legal/Illegal

  • 18-08-2016 5:02pm
    #1
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭


    Just based on something I posted on another thread which got me thinking further about the difference between lawful/unlawful and legal/illegal.

    This is my understanding:-

    Anything is lawful (i.e not forbidden) unless it's illegal but not necessarily legal unless illegal.

    Lawful and legal differ in that lawful contemplates the substance of law, whereas legal alludes to the form of law.

    To be legal suggests something is done in compliance with law.

    So therefore if something is done which isn't specifically allowed for by law, but with which is also not forbidden by law than it's a lawful act, but not a legal act.

    But were does unlawful come into play, is it something which is simply against a rule but not specifically illegal?


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Illegal is a breach of Legislation

    Unlawful is a breach of Law such as case law, equity etc


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Illegal is a breach of Legislation

    Unlawful is a breach of Law such as case law, equity etc

    So can we say an unlawful act is against the law, but not a criminal act, whilst an illegal act is both an unlawful act and a criminal act?


  • Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    Criminal acts can be common law but more commonly are contrary to legislation.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Illegal means proscribed by law but not necessarily criminal law, while unlawful means not conforming to or recognised by law.

    I started a thread about this a while ago. People conflate the terms all the time.


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