Description of the legal term Unlawful:
The term “unlawful” in the British legal system refers to actions or omissions which are contrary to law. This encompasses a broad range of conduct that can be civil or criminal in nature. The term is often used interchangeably with “illegal,” although some scholars may argue for subtle differences in usage. Unlawful acts violate statutory law—which is written legislation passed by the UK Parliament or devolved assemblies—or common law, which is made by judges through court decisions over time.
When an act is deemed unlawful, it means that it has not been justified by law or allowed by a lawful authority. This can involve a range of actions from breach of contract, trespassing on property, or more severe matters such as theft, assault, or other criminal offences. The implications of an act being unlawful can lead to legal sanctions in civil cases, such as compensation or injunctions, or criminal sanctions such as fines, community orders, or imprisonment.
An unlawful act in a civil context does not need to stem from a conscious intent to break the law. For instance, a breach of contract can occur out of negligence or misunderstanding of the contract terms, yet it is still considered unlawful. In contrast, criminal offences often require a mens rea, or ‘guilty mind’, meaning the person had intent or was reckless with regards to the unlawfulness of their actions.
Aiding or abetting someone in an unlawful act is also an offence and can carry similar sanctions to those who commit the primary offence. It implies that while an individual might not have committed the unlawful act themselves, they provided assistance or encouragement.
Furthermore, the concept of unlawfulness is crucial in determining the remedy or the punishment. In civil law, the main objective is to compensate the injured party, make them whole, or prevent the unlawful conduct from continuing, while in criminal law, the focus is on penalizing the wrongdoer to maintain public order and deter future unlawful conduct.
The British legal system has several mechanisms in place to handle unlawful acts, including courts of various hierarchies. Magistrates’ courts, Crown courts, county courts, and tribunals are some of the bodies that adjudicate matters based on the nature and severity of the unlawfulness.
Legal context in which the term Unlawful may be used:
For example, consider the case of a factory discharging toxic waste into a river in violation of environmental protection laws. Although this act may not be illegal per se, it becomes unlawful when it is done without the permission of the regulatory body and contravenes environmental regulations. The government, on behalf of the affected society, can bring a case against the factory’s owners. The outcome could lead to the owners being ordered to pay for the cleanup, compensations, and potentially facing criminal charges if the law specifies such sanctions for environmental breaches. The unlawful discharge of toxic waste demonstrates a situation where conduct becomes unlawful due to its contradiction with established law meant to protect the public interest and environment.
In a different context, assume two parties enter into a contract whereby one agrees to sell a quantity of goods to the other by a certain date. If the seller fails to deliver the goods by that date without a lawful reason, they have committed an unlawful breach of contract. The buyer could sue for breach of contract in a civil court, and the court might order the seller to fulfil the contract or pay damages for the loss suffered by the buyer. Here, ‘unlawful’ pertains to the failure to observe contractual obligations.
The importance of the term in British jurisprudence lies in its fundamental role in distinguishing between actions that are allowable under the law and those that are not. Its clarification guides citizens’ conduct and the application of sanctions, thus enforcing the rule of law and maintaining a structured and orderly society.
