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Legality And Legitimacy Under Various Laws Legality And Legitimacy Under Various Laws

Bronze medal Reporter Adv.sanu Posted 28 Dec 2019
Legality And Legitimacy Under Various Laws

Legality and legitimacy the two words that always confusing the readers. So lets an underneath look over through the words ‘legality’ and ‘legitimacy’.

What is differ legality from legitimacy! Legality means it within the law and legitimacy means is justified within the logic. Legality is pure law and legitimacy is an explained logic. Mainly the difference is between the law and logic. According to law it limits and governs us what we can do and what we cannot do? Legitimacy follows a correct, fair, genuine, ethical and moral path. Legitimacy is symbolized by what's achieved with justice, what's merited, what's familial. Legality, on the opposite hand, will be symbolized by an official seal.

For example, Gay marriage is not legal in some places, but some people think that they have a legitimate claim for it to become legal and Living together relationships are legal as long as both the partners are of legal age but it is still not legitimate in some countries.

Legality is a written law or fixed law. Legitimacy serves to support and, when necessary, to correct legality. Legitimacy is an acceptability of any society it makes some legitimate it arises a question whether it is legal or not. If law governs only law there is an absence of legitimacy. Legtimacy looking through an eye to law and confirm that the law serves us correct or not and if the law helps us to improve our social life. Absence of legitimacy there is no law. “Legality" is a question of action and "Legitimacy" is a question of origin or support for an action. When it comes to the legality in humanitarian intervention, it involves international laws inclusive of the law on the use of force and the treaties such as 1948 United Nations Conventions on the Prevention and Punishment of the Crime of Genocide and International laws on human rights and the Universal Declaration of Human Rights 1948, etc. Thus, for a humanitarian intervention to be legal, the requirement of the UN Charter to respect others’ national sovereignty must be fulfilled. Then only, will the legitimate concerns of the international community and states to prevent genocide be legal but this obligation does not entail a legal right to use military forces (The United Nations, 2016).

The study of the United Nations University describes “Actions are always either legal or illegal; they cannot be partly legal. In contrast, legitimacy is fluid and changing, and depends on perceptions and outcomes”


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