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The 8 differences between the legal and the legitimate

The 8 differences between the legal and the legitimate

March 16, 2024

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

For it different social norms have been built 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, laws aim 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 all or directly ignore the basic rights of citizens. In this way, we can perceive that the legal sometimes ignores the just. For this reason we can sometimes ask ourselves: Are laws always legitimate? Is it possible otherwise? What is legal and what is legitimate? In order to solve this doubt, in this article you can find the 8 differences between the legal and the legitimate .


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Defining the legal

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

In general, the legal it tries to guarantee the healthy coexistence and pretends to be based on morality and precedents, although this is not defining. For something to be legal it is enough that the legislative branch decides to allow it regardless of its purpose, being a purely legal concept.


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 assume contempt of current law. However, we must bear in mind that although the breach of the law may be due to factors that may seem morally fair or for aspects such as ignorance or non-controllable elements, this does not affect the fact that it is considered non-legal.

However, there are behaviors and situations that are not contemplated by law, being in a situation in which neither are 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 therefore are legal. In these cases, freedom of action is allowed unless there is damage to other persons or to society as a whole.


What does it mean that something is legitimate?

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

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

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

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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 great differences between legitimate and legal. One of them is the involvement of ethics and morals in each of the concepts.

Although the legal tendency tends to be made thinking about achieving a healthy and just coexistence laws can be enacted based on personal interests or for purposes contrary to the well-being of the population regardless of how they are perceived, as long as those who hold power so decide. The legitimate, although in general comes from the legal, will be essentially linked to moral and ethical , to how the element in question that is being judged is perceived.

2. Level of objectivity / subjectivity.

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

Therefore, what for me is legitimate for another person can be an aberration. Whether something is legitimate or not will depend on the subjectivity of the person who observes it, although usually speaking of legitimacy is usually spoken of the level at which something is considered by the population as a whole.

3. The law comes from the legislative apparatus, the legitimacy of the person's assessment

One of the main differences between legal and legitimate can be found in its origin. While the legal it only means that an institutional commitment has been reached which 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 it may vary or at what speed it does.

The different existing laws they are created, promulgated, modified and even suppressed constantly, according to the ruling ideology and prevailing sociocultural and historical situations. So what is legal, illegal or alegal is clearly modifiable, even though it involves a procedure that may involve a more or less prolonged period of time.

Legitimacy, however, by depending on the moral valuation of society, is difficult to change. While it is possible to change the mentality of the community regarding specific issues and their moral consideration, these changes involve a slow process of conversion of attitudes to specific aspects.

5. Relativity of the facts

The legal and the legitimate can also differ in how concrete facts are observed. Although the legal thing takes into account that there are extenuating or aggravating circumstances If a specific 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 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 in which it is applied is perceived as contrary or restricting personal freedom, it will be seen as illegitimate. This can cause many people to show reactions of frustration, anger and anger that lead them to contravene the norm .

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

7. Context of application

Another aspect to keep in mind 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 has been achieved or maintained. In this way, what is legal in one country may be illegal in another.

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

8. The 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, they are invested with a certain level of legitimacy, their application and even the purpose with 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 deliver those people. However, a lot of people saved their lives thanks to the fact that many citizens objected, as did the so-called "Angel of the Warsaw Ghetto", Irena Sendler. It is a clear example of how the legitimate can be illegal, as well as the fact that the legal can be illegitimate.


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