|The Private Attorney Generals Group|
Legal v. 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
“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 of law,” a term which Black’s Law Dictionary, Fifth Edition,
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.” Black’s
Law Dictionary, Fifth Edition, page 241.
Remember it this way, Legal is de facto and Lawful is De jure.