The 8 differences between the legal and the legitimate

These two concepts are closely related to morality and ethics, but they should not be confused.

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

To this end, different social norms have been different social norms have been constructed in the form of laws, which are intended toThese laws are intended to provide us with a framework of action to allow a more or less efficient social functioning. Generally, laws are intended to maintain the existence of a fair and egalitarian society.

However, on many occasions we see that laws are not applied equally to all or directly ignore the basic rights of citizens. In this way, we can perceive that the legal sometimes ignores the just. Therefore, we can sometimes ask ourselves: Are 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..

Defining what is legal

We understand as legal that which is endorsed and allowed by law.. This implies that a 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 grants us freedoms and rights, as well as obligations and limits.

In general, the legal tries to guarantee a healthy coexistence and seeks to be based on morality and precedent, although this is not definitive. For something to be legal, it is enough that the legislative power decides to allow it, regardless of its purpose, as it is only a legal concept.

Conduct and situations that do not comply with will be considered illegal and therefore sanctioned.. For something to be considered illegal, it must either be directly prohibited by law or be in contempt of the law. However, it must be borne in mind that although non-compliance with the law may be due to factors that may seem morally just or due to aspects such as ignorance or uncontrollable elements, this does not affect the fact that it is considered unlawful.

However, there are behaviors and situations that are not contemplated by the 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 loopholes", situations that are not contemplated in the law and are therefore alegal. In these cases, freedom of action is allowed unless there is harm to other people or to society as a whole.

What does it mean for something to be legitimate?

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

And that is that the term legitimate refers to the idea that there is justice and reason in the performance of such an act.. It is not only that something is approved by the Administration, but that the law or legitimate norm allows to provide each subject with what is due 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 derive from any legislative institutionbut from the community's acceptance and consensus of such 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 an attrition and a situation in which the society is going to tend to rebel, producing reactance and in many cases provoking the proposal of new laws that change the legal situation.

The differences between the legal and the legitimate

Seen both concepts, some clear differences can be observed. Below we highlight them briefly.

1. Ethics in both concepts

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

Although the legal tends to be made with a view to achieving a healthy and fair coexistence, laws can be enacted based on personal interests or for purposes contrary to the welfare of part of the population, regardless of how they are perceived, as long as those in power so decide. Legitimacy, while generally stemming from the legal, will be essentially linked to morality and ethics.The legitimate, although generally stemming from the legal, will be essentially linked to the moral and ethical, to how the element in question being judged is perceived.

Level of objectivity/subjectivity.

This point is linked to most of the other aspects mentioned above. 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 his or her own idiosyncrasies, each person has his or her own idiosyncrasies and ideas of what is or is not valid. of what is or is not valid.

Therefore, what is legitimate for me may be an aberration for someone else. Whether something is legitimate or not will therefore depend on the subjectivity of the person observing it, although in general when speaking of legitimacy we usually speak of the level at which something is considered by the population as a whole.

3. The law comes from the legislative apparatus, legitimacy from the assessment of the individual.

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

4. Modifiability

Another difference 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 so.

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 alegal is clearly modifiable, despite the fact that it involves a procedure that may take a more or less prolonged period of time.

Legitimacy, however, since it depends on the moral evaluation of society, is difficult to change. Although it is possible to change the mentality of the community with respect to specific issues and their moral consideration, such changes involve a slow process of conversion of attitudes towards specific aspects.

5. Relativity of facts

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

6. Reactance generation

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

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

7. Context of application

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 socio-cultural circumstances and the type of thinking behind the ruling power, and even on how that power has been achieved or maintained. Thus, what is legal in one country may be illegal in another.

However, legitimacy has a more expanded context of application. An act may be illegal in one place but legal in others, but it can be assessed as legitimate or not from anywhere in the world.

8. Legitimate may not be legal, and vice versa.

While laws are often created with the intention of being legitimate, and indeed the fact that they are laws invests them with a certain level of legitimacy, their application and even the purpose for which some of them are created may not be legitimate. even the purpose for which some are created may not be legitimate..

For example, in Nazi Germany it was considered a crime to hide or even not denounce a Jewish neighbor. According to the legality of the country it would be legal to help hand over such people. However, a large number of people saved their lives because many citizens objected, as for example the so-called "Angel of the Warsaw Ghetto", Irena Sendler, did. This is a clear example of how the legitimate can be illegal, as well as how the legal can be illegitimate.