Crosswords2 mins ago
Illegal or against the law
Is there a difference between illegal and against the law, if so what is it please?
Where does unlawful come into the picture?
Question prompted by all those No Smoking signs appearing in England
Thanks in advance to all
Where does unlawful come into the picture?
Question prompted by all those No Smoking signs appearing in England
Thanks in advance to all
Answers
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'Illegal' is synonymous with 'against the law'.
'Unlawful' often means the same as 'illegal' but it can have a broader meaning, such as 'not recognized by law'. For example, if I put up a sign stating 'Trespassers will be prosecuted' it has no legal validity (because simple trespass is not a criminal offence). Hence the sign could be described as 'unlawful', despite the fact that it's not 'illegal'.
Chris
PS: The wording on 'No Smoking' signs is determined by the provisions of the Smoke-free (Signs) Regulations 2007. They must state "No smoking. It is against the law to smoke in these premises". If an employer was to put up his own signs stating "Don't smoke. It's against the law", those signs would be unlawful. (i.e. they wouldn't meet the requirements of the law). The signs wouldn't be illegal but the employer would be acting illegally if he failed to also display the correct signs.
'Unlawful' often means the same as 'illegal' but it can have a broader meaning, such as 'not recognized by law'. For example, if I put up a sign stating 'Trespassers will be prosecuted' it has no legal validity (because simple trespass is not a criminal offence). Hence the sign could be described as 'unlawful', despite the fact that it's not 'illegal'.
Chris
PS: The wording on 'No Smoking' signs is determined by the provisions of the Smoke-free (Signs) Regulations 2007. They must state "No smoking. It is against the law to smoke in these premises". If an employer was to put up his own signs stating "Don't smoke. It's against the law", those signs would be unlawful. (i.e. they wouldn't meet the requirements of the law). The signs wouldn't be illegal but the employer would be acting illegally if he failed to also display the correct signs.
I meet a distinction (of sorts, and it may not be the definitive answer) in the area of employment. It is not illegal for workers to strike without conducting a secret ballot and giving the employer notice, but it is unlawful, and they and their union may lose protection from being pursued for damages by the employer or others affected.
I get angry when I hear employers and New Labour ministers castigate strikers for acting illegally when they are actually only acting outside the protection of the law.
This leans towards a (probably oversimplistic) interpretation that illegal means a criminal offence, where unlawful means unprotected by law and is more likely to apply to a civil offence or tort.
I get angry when I hear employers and New Labour ministers castigate strikers for acting illegally when they are actually only acting outside the protection of the law.
This leans towards a (probably oversimplistic) interpretation that illegal means a criminal offence, where unlawful means unprotected by law and is more likely to apply to a civil offence or tort.
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