The 8 differences between what is legal and what is legitimate

As gregarious beings that we are, human beings live in a society that must be organized so that the different individuals that are part of it can live together in peace.

For it different social norms have been constructed in the form of laws, which aim to give us a framework of action with which to allow a more or less effective social functioning. Generally the laws are intended to maintain the existence of a just and egalitarian society.

However, on many occasions we see that the laws are not applied in the same way for everyone or directly ignore the basic rights of citizens. In this way, we can perceive that the legal sometimes ignores the fair. For this reason, we can sometimes ask ourselves: Are the laws always legitimate? Is the opposite possible? What is legal and what is legitimate? In order to solve this doubt, in this article you can find the 8 differences between what is legal and what is legitimate.

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Defining the legal

We understand how legal what is endorsed and allowed by law. This implies that legal behavior will be allowed and will not be sanctioned. What is legal is defined by the Administration, the legislative apparatus of the State or country, and can vary enormously. The legal thing grants us freedoms and rights, as well as obligations and limits.

In general the legal tries to guarantee healthy coexistence and it is intended to be based on morality and precedent, although this is not defining. For something to be legal, it is enough for the legislature to decide to allow it regardless of its purpose, being a purely legal concept.

The behaviors and situations that do not comply will be considered illegal and therefore sanctioned. For something to be considered illegal, it must be directly prohibited by law or suppose the disrespect of current legislation. However, it must be borne in mind that although the breach of the law may be due to factors that may seem morally fair or due to aspects such as ignorance or uncontrollable elements, this does not affect the fact that it is considered not legal.

However, there are behaviors and situations that are not contemplated by law, being in a situation in which they are neither prohibited nor break any existing law. This is what happens with the so-called “legal holes”, situations that are not contemplated in the law and that therefore are illegal. In these cases, freedom of action is allowed unless there is harm to other people or to society as a whole.

What is supposed to be legitimate?

The other concept to analyze is that of legitimacy. Although one of the meanings of the word implies that the legitimate act is one that is in accordance with the law, legitimacy requires an aspect that is not limited to mere legality.

And it is that the term legitimate refers to the idea that there is justice and reason in the performance of said act. It is not only that something is approved by the Administration, but that the law or legitimate regulation allows each subject to be provided with what corresponds to him. In other words, what is legitimate requires that what is considered as such is moral and ethical, being a legal and moral concept at the same time.

Legitimacy does not come from any legislative institution, but rather of the acceptance and consensus on the part of the community of said action. Legitimacy confers authority and allows the act, rule or situation that is considered as such to be respected. Otherwise, it supposes the existence of wear and tear and a situation in which society will tend to rebel, producing reactance and in many cases causing the proposal of new laws that change the legal situation.

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The differences between what is legal and what is legitimate

Considering both concepts, some clear differences can be observed. These are briefly highlighted below.

1. Ethics in both concepts

We can find big differences between legitimate and legal. One of them is the implication of ethics and morals in each of the concepts.

Although the legal tends to be done thinking about achieving a healthy and fair coexistence, laws can be enacted based on personal interests or with purposes contrary to the welfare of part of the population regardless of how they are perceived, as long as whoever holds power does so. decide. The legitimate, although in general comes from the legal, it will be essentially linked to the moral and ethical, to how the element in question being judged is perceived.

2. Level of objectivity / subjectivity.

This point is linked to the vast majority of the other aspects mentioned. We must bear in mind that the law establishes a framework for all citizens regardless of their opinions on the matter. However, each person has their own idiosyncrasies and their own ideas of what is or is not valid.

Therefore, what is legitimate for me for another person may be an aberration. Whether something is legitimate or not will therefore depend on the subjectivity of the person who observes it, although In general, when speaking of legitimacy, one usually speaks of the level at which something is considered by the whole of population.

3. The law comes from the legislative apparatus, the legitimacy of the valuation of the person

One of the main differences between legal and legitimate can be found in its origin. While the legal it only assumes that an institutional compromise has been reached that applies to the population regardless of whether something is legitimate implies that it will be considered fair by the majority.

4. Modifiability

Another difference that we can find between what is legal and what is legitimate is the degree to which something is considered as such can vary or at what speed it does.

The different existing laws are created, enacted, modified and even abolished constantly, according to the ruling ideology and the prevailing socio-cultural and historical situations. Thus, what is legal, illegal or allegal is clearly modifiable, despite the fact that it involves a procedure that may entail a more or less prolonged period of time.

However, legitimacy, depending on the moral value of society, is hardly changeable. While it is possible to change the mindset of the community regarding specific issues and their moral consideration, these changes suppose a slow process of conversion of attitudes towards concrete aspects.

5. Relativity of the facts

What is legal and what is legitimate can also differ in how specific facts are observed. While the legal thing takes into account that there are extenuating or aggravating circumstancesIf a specific action is classified as a crime, it will be considered illegal. However, even though the action may be illegal, it can be considered legitimate if there is a logical reason for its commission.

6. Reactance generation

If the laws are legitimate for society as a whole, as a general rule they will be well accepted and followed. However, if a law or the way it is applied is perceived as contrary to or restricts personal freedom, it will be seen as illegitimate. This can cause many people to have reactions of frustration, rage and anger. that lead them to contravene the norm.

This is an aspect in which legal and legitimate also differ: if what is legal is considered unfair, it will tend to generate reactance while the legitimate thing does not usually do it or at least not to the same extent, given that it is considered just.

7. Application context

Another aspect to take into account that differentiates the legal from the legitimate is the context in which it is applied. Each territory and each country has different laws depending on the sociocultural circumstances and the type of thinking behind the power in command, and even on how that power was achieved or maintained. Thus, what is legal in one country may be illegal in another.

However, legitimacy has a more expanded application context. A fact may be illegal on one site but legal on others, but whether it is legitimate or not can be assessed from anywhere in the world.

8. Legitimate may not be legal, and vice versa

Although laws are usually created with the intention of being legitimate, and in fact the fact that they are laws invested them with a certain level of legitimacy, their application and even the purpose for which some are created may not be.

For example, in Nazi Germany it was considered a crime to hide or even not report a Jewish neighbor. According to the legality of the country, the legal thing would be to contribute to delivering said people. However, a large number of people saved their lives thanks to the opposition of many citizens, as did for example the so-called “Angel of the Warsaw Ghetto”, Irena Sendler. It is a clear example of how what is legitimate can be illegal, as well as how legal can be illegitimate.