Saturday, February 12, 2011

http://inclusion.semitagui.gov.co/Subjects/LawAndGovt/LegalEthics/LegalVLawful.htm
Excerpt:




Legal or Lawful?

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. [Bold emphasis added]
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 Abbott’s Law Dic. 24. [Bold emphasis added]
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

http://legal-dictionary.thefreedictionary.com/lawful
Excerpt:
Licit; legally warranted or authorized.
The terms lawful and legal differ in that the former contemplates the substance of law, whereas the latter alludes to the form of law. A lawful act is authorized, sanctioned, or not forbidden by law. A legal act is performed in accordance with the forms and usages of law, or in a technical manner. In this sense, illegal approaches the meaning of invalid. For example, a contract or will, executed without the required formalities, might be regarded as invalid or illegal, but could not be described as unlawful.
The term lawful more clearly suggests an ethical content than does the word legal. The latter merely denotes compliance with technical or formal rules, whereas the former usually signifies a moral substance or ethical permissibility. An additional distinction is that the word legal is used as the synonym of constructive, while lawful is not. Legal fraud is Fraud implied by law, or made out by construction, but lawful fraud would be a contradiction in terms. Legal is also used as the antithesis of equitable, just. As a result, legal estate is the correct usage, instead of lawful estate. Under certain circumstances, however, the two words are used as exact equivalents. A lawful writ, warrant, or process is the same as a legal writ, warrant, or process.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

http://en.wikipedia.org/wiki/Republic
Excerpt:

Republic

From Wikipedia, the free encyclopedia
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A republic is a state under a form of government in which the people, or some significant portion of them, retain supreme control over the government.[1][2] The term is generally also understood to describe a state where most decisions are made with reference to established laws, rather than the discretion of a head of state, and therefore monarchy is today generally considered to be incompatible with being a republic. One common modern definition of a republic is a state without a monarch.[3][4] The word "republic" is derived from the Latin phrase res publica, which can be translated as "a public affair".

http://lexrex.com/enlightened/AmericanIdeal/aspects/demrep.html
Excerpt:
An Important Distinction: Democracy versus Republic
It is important to keep in mind the difference between a Democracy and a Republic, as dissimilar forms of government. Understanding the difference is essential to comprehension of the fundamentals involved. It should be noted, in passing, that use of the word Democracy as meaning merely the popular type of government--that is, featuring genuinely free elections by the people periodically--is not helpful in discussing, as here, the difference between alternative and dissimilar forms of a popular government: a Democracy versus a Republic. This double meaning of Democracy--a popular-type government in general, as well as a specific form of popular government--needs to be made clear in any discussion, or writing, regarding this subject, for the sake of sound understanding.
These two forms of government: Democracy and Republic, are not only dissimilar but antithetical, reflecting the sharp contrast between (a) The Majority Unlimited, in a Democracy, lacking any legal safeguard of the rights of The Individual and The Minority, and (b) The Majority Limited, in a Republic under a written Constitution safeguarding the rights of The Individual and The Minority; as we shall now see.

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