Laweul
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
Legal; warranted or anthor ized by the law; having the qualifications prescribed by law; not contrary to nor for. hidden by the law. The principal distinction between the terms “lawful” and “legal” ig that the former conten. plates the substance of law, the latter the form of law. Tosay of an act that it is “lawful” implies that it is authorized, sanctioned, or at any rate not forbidden, by law. To say that it is “legal” im. plies iat it is done or performed in accordance with the forms and usages of law, or in a technical manner. In this sense “illezal" approaches the meéaning of “invalid.” Forexample, a contractor will, executed wilhout the required formalities, might be said to be invalid orillegal, but could not be described as unlawful. Further, the word “lawful” more clearly implies an ethical content than does “legal.” ‘The latter goes no further than to denote compliance with positive, technical, or forma) rules; while the former usually importsa mora] sibstance or ethical permissibility. A further distinction is that the word “legal” is used as the synonyin of “constructive,” which “lawful” is not. Thus “legal fraud” is fraud implied or inferred by law, or madeout by construction. “Law ful fraud” would be @ contradiction of terms, Again, “legal” is used as the antithesis of “equitable,” ‘Tus, we speal of “legal assets,” “legal estate,” eic., but not of “lawful assets” or “lawful estate.” But there are some connections ip which the two words are used as exact equivalents. Thus, a “lawful” writ, warrant, or process is the same us a “legal” writ, warrant, or process,