Illegal vs unlawful
 

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[Closed] Illegal vs unlawful

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The sick bird joke aside, what's the difference?

I did a bit of Googling and found a number of versions of similar explanations but they all stem from the same source, Black's Law Dictionary, which is an American tome.

[i]"Black's Law Dictionary defines unlawful as not authorized by law, illegal. Illegal is defined as forbidden by law, unlawful. Semantically, there is a slight difference. It seems that something illegal is expressly proscribed by statute, and something unlawful is just not expressly authorized."[/i]

Does the UK prescribe to the same definitions, or are they different over here?

(Seems weird to me. I mean, by that definition I've just unlawfully eaten bangers & mash because there's no law that says I can.)


 
Posted : 09/10/2017 7:21 pm
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Statute Law versus Common Law perhaps?

If a judge had previously ruled that it was a bit naughty to eat bangers and mash then it would be contrary to Common Law and therefore unlawful.


 
Posted : 09/10/2017 7:25 pm
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Isn’t think the issue with riding bikes on footpaths? It’s not illegal, it’s just unlawful. Like your sausages.


 
Posted : 09/10/2017 7:31 pm
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criminal versus civil offences? no idea just guessing?


 
Posted : 09/10/2017 7:32 pm
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I'd imagine that a suitable punishment for the unlawful consumption of sausages would be getting toad in the hole.


 
Posted : 09/10/2017 7:33 pm
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Isn’t think the issue with riding bikes on footpaths? It’s not illegal, it’s just unlawful.

In law bikes are classed as "carriages," the same as cars. Is it unlawful or illegal to drive your car on the pavement?


 
Posted : 09/10/2017 7:35 pm
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criminal versus civil offences? no idea just guessing?

I've read that somewhere tonight also, but again I think it was a US site (and in any case, it was an anecdote of a forum* rather than a factual comment).

(* - oh, look!)


 
Posted : 09/10/2017 7:36 pm
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I'd imagine that a suitable punishment for the unlawful consumption of sausages would be getting toad in the hole.

Where did I put that hammer?


 
Posted : 09/10/2017 7:37 pm
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Where did I put that hammer?

Perfectly good pun that.

No law against it 😉


 
Posted : 09/10/2017 7:38 pm
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Is it something about beating a carpet or shooting a Welshman on a Sunday?


 
Posted : 09/10/2017 7:41 pm
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Worst euphemisms ever.


 
Posted : 09/10/2017 7:44 pm
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Could it be to do with prevention and punishment?

You can maybe prevent someone from doing something because it’s unlawful, but only punish them for doing something because it’s illegal.

So in the example of the Catalan referendum - it was unlawful so the government tried to prevent it - but voting isn’t illegal.


 
Posted : 09/10/2017 7:47 pm
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It is linked to the "act".
A soldier may be fighting, and be carrying out a legal act, but may stray from the legal line and commit an act out with of their remit. This act would be unlawful.ie a killing.
's how I see it anyway


 
Posted : 09/10/2017 7:48 pm
 poly
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something is illegal if it is a criminal offence, something is unlawful if it is not permitted by law (it would usually apply when implicitly the act is not permitted say because a different act or person is permitted). E.g. A police office may legally be entitled to search a school pupil for drugs, a school teacher may not have such a right* but it isn't necessarily a criminal offence for them to do so. The teachers act would be unlawful but not illegal**

*AFAIK but there may be situations where they do
** although obviously depending on how they do it, they may actually commit an assault.


 
Posted : 09/10/2017 7:48 pm
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would unlawful be entering a premise you were not allowed to [ with no ill intent perhaps to explore it or to sleep for the night if homeless] where as illegal would be breaking in deliberately to steal. Ie you knew it was defineltly against the law?

is unlawful when you can do it legally - say like have a knife on you- or unlawfully

Hopefully someone more informed will let us know but i am going for it depends 😉


 
Posted : 09/10/2017 7:49 pm
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They are not separate things, in that "illegal" is a subset of "unlawful".

Unlawful means "not allowed by law". Illegal means "not allowed by law and carries a criminal sanction". It follows that something can be unlawful but not illegal (if it is in breach of civil or administrative law but which is not criminal law), whereas if something is illegal it is necessarily also unlawful.


 
Posted : 09/10/2017 7:49 pm
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As I've understood it, illegal means there's a law says you must not do it, while unlawful means there's no law that says you can. Trespass is (generally) unlawful in England and Wales, but not illegal.

Riding a bike on a [u]footpath[/u] ( = RoW) is trespass - riding a bike on the [u]footway[/u] ( = pavement at side of road) is illegal. (Roads are made up of carriageway and footway, both of which can technically be pavement).


 
Posted : 09/10/2017 7:49 pm
 Esme
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Bangers and mash 😯 . . . but I thought you were a veggie?
There should be a law against that!


 
Posted : 09/10/2017 7:55 pm
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Look up Actus Reus and Mens Rea. Both needed in order to commit a crime. 🙂


 
Posted : 09/10/2017 8:16 pm
 kilo
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monkeysfeet - Member
Look up Actus Reus and Mens Rea. Both needed in order to commit a crime.

What about an absolute offence?


 
Posted : 09/10/2017 8:40 pm
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I agree with curto but IANAL.


 
Posted : 09/10/2017 8:45 pm
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Sound judgment Garage-Dweller


 
Posted : 10/10/2017 1:07 pm
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Where does fighting ballerinas come into this?


 
Posted : 10/10/2017 1:11 pm
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Where does fighting ballerinas come into this?

2:02?

Bangers and mash . . . but I thought you were a veggie?
There should be a law against that!

Not all sausages contain dead pig.


 
Posted : 10/10/2017 1:22 pm
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Of course not - [url= https://www.heartier.com/products/red-wine-and-venison-sausages ]yum[/url]


 
Posted : 10/10/2017 1:45 pm
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Not all sausages contain dead pig.

Indeed - some contain beef, and others contain air

noun
1.
minced pork, beef, or other meats, often combined, together with various added ingredients and seasonings, usually stuffed into a prepared intestine or other casing and often made in links.
2.
Aeronautics. a sausage-shaped observation balloon, formerly used in warfare.


 
Posted : 10/10/2017 1:45 pm
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Isn’t think the issue with riding bikes on footpaths? It’s not illegal, it’s just unlawful.

In law bikes are classed as "carriages," the same as cars. Is it unlawful or illegal to drive your car on the pavement?

Pavements and footpaths are different things (in law as well as actuality).

(assuming by "pavement" you meant the paved strip at the edge of a road)


 
Posted : 10/10/2017 1:47 pm
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assuming by "pavement" you meant the paved strip at the edge of a road

it just means a hard surface. In the UK we tend to assume it mean the walkway beside a road using 'pavement' where others would say 'sidewalk'. But the road and the walkway beside it are both made of pavement.


 
Posted : 10/10/2017 2:26 pm
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Indeed - some contain beef, and others contain air

You'd better report Quorn to Trade Descriptions then.

Pavements and footpaths are different things (in law as well as actuality).

I know, sorry, simply lazy wording on my part.


 
Posted : 10/10/2017 2:33 pm
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You'd better report Quorn to Trade Descriptions then.

I'm sure they'd be able to provide an examples of their sausages being used for warfare.
[img] [/img]


 
Posted : 10/10/2017 2:39 pm
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Riding a bike on a footpath ( = RoW) is trespass - riding a bike on the footway ( = pavement at side of road) is illegal. (Roads are made up of carriageway and footway, both of which can technically be pavement).

Nearly - Technically the 'Pavement' is the build up of materials that are used to construct the carriageway or footway. A footway is the bit you walk on at the side of a road/carriageway. A footpath is as you say a public ROW.

Edit: Just seen maccruiskeen already said this....


 
Posted : 10/10/2017 3:06 pm