Legal & Lawful

Legal or Lawful, are they the same?

It is crucial to define the difference between legal and lawful. The generic Constitution references genuine law. The present civil authorities and their courts use the word legal. Is there a difference in the meanings? The following is quoted from A Dictionary of Law 1893:

  • Lawful. In accordance with the law of the land; according to the law; permitted, sanctioned, or justified by law. Lawful  properly implies a thing conformable to or enjoined by law; Legal, a thing in the form or after the manner of law or binding by law. A writ or warrant issuing from any court, under color of law, is a legal process however defective. See legal.
  • Legal. Latin legalis. Pertaining to the understanding, the exposition, the administration, the science and the practice of law: as, the legal profession, legal advice; legal blanks, newspaper. Implied or imputed in law. Opposed to actual

Legal - looks more to the letter [form/appearance], and Lawful  to the spirit [substance/content], of the law. Legal is more appropriate for conformity to positive rules of law; Lawful for accord with ethical principle. Legal imports rather that the forms [appearances] of law are observed, that the proceeding is correct in method, that rules prescribed have been obeyed; Lawful that the right is actful in substance, that moral quality is secured. Legal is the antithesis of equitable, and the equivalent of constructive. 2 Abbotts Law Dic. 24.

But all their works they do for to be seen of men: they make broad their phylacteries, and enlarge the borders of their garments

Legal matters administrate, conform to, and follow rules. They are equitable in nature and are implied (presumed) rather than actual (express). A legal process can be defective in law. This accords with the previous discussions of legal fictions and color of law. To be legal, a matter does not follow the law. Instead, it conforms to and follows the rules or form of law. This may help you to understand why the Federal and State Rules of Civil and Criminal Procedure are cited in every court petition so as to conform to legal requirements of the specific juristic persons named, e.g., STATE OF GEORGIA or the U.S. FEDERAL GOVERNMENT that rule the courts.

Lawful matters are ethically enjoined in the law of the land, the law of the people and are actual in nature, not implied. This is why whatever true law was upheld by the organic Constitution has no bearing or authority in the present day legal courts. It is impossible for anyone in authority today to access, or even take cognizance of, true law since authority is the law of necessity, 12 USC 95.

Therefore, it would appear that the meaning of the word legal is 'color of law', a term which Blacks Law Dictionary, Fifth Edition, defines as:

  • Color of law. The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under color of law. Blacks Law Dictionary, Fifth Edition, page 241. 8

Research perfomed from 'without the United States'. [ 28 U.S. Code Sec. 1746 ]

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