Illegal v. Unlawful

Tecumsehsbones

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Mar 18, 2013
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Can we come to some kind of agreement on the difference between "illegal" and "unlawful?"

I propose the following. . .

"Illegal" means in violation of the criminal law, subjecting the violator to loss of life, liberty, or property upon being duly convicted.

"Unlawful" means "not in accordance with, or specifically against, the law, but not a criminal offense."

Examples: It's illegal to take somebody's car without permission. It's unlawful for the President or PM to unilaterally declare National Dachshund Day on May 13.
 
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Jinentonix

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Sep 6, 2015
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Illegal = criminal prosecution

Unlawful = A fineable offence.

Example- Speeding= get a ticket. Speeding from the police = you're fucked.

That's how I'd separate them. But then would unlawful entry just be a fineable offence as opposed to break and enter or are those two interchangeable?
 

Tecumsehsbones

Hall of Fame Member
Mar 18, 2013
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Washington DC
Illegal = criminal prosecution

Unlawful = A fineable offence.

Example- Speeding= get a ticket. Speeding from the police = you're fucked.

That's how I'd separate them. But then would unlawful entry just be a fineable offence as opposed to break and enter or are those two interchangeable?
Precisely. I'm suggesting this only for the purposes of our discussions on this board. The lawmakers of our countries have tangled the two terms for their own purposes, even in the language of statutes.

Would you agree with me that "illegal" carries a worse connotation than "unlawful?"
 

Jinentonix

Hall of Fame Member
Sep 6, 2015
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Precisely. I'm suggesting this only for the purposes of our discussions on this board. The lawmakers of our countries have tangled the two terms for their own purposes, even in the language of statutes.

Would you agree with me that "illegal" carries a worse connotation than "unlawful?"
That's my impression. Illegal = crime, unlawful = fine.