Legal Definitions - Unlawful

The term unlawful describes any action, conduct, or situation that is not permitted or authorized by law. This broadly covers anything that goes against established legal rules, whether those rules are found in written statutes, government regulations, or legal principles developed through court decisions (known as common law).

While often used in a general sense to mean "illegal," unlawful can also be used more specifically. For instance, it might refer only to actions that are considered crimes and are subject to criminal punishment. In other contexts, it might specifically refer to actions that violate written statutory laws, distinguishing them from violations of broader, unwritten common law principles.

Here are some examples illustrating the use of "unlawful":

• Example 1 (Broad sense - regulatory violation): A restaurant operates without obtaining the necessary health permits from the local government.

  Explanation: The restaurant's operation is unlawful because it is proceeding without the required legal authorization and violates public health regulations. While this might not be a criminal offense, it is clearly not permitted by law and could lead to fines or closure.

• Example 2 (Narrower sense - criminal conduct): An individual intentionally sets fire to an abandoned building.

  Explanation: This act is unlawful because it constitutes arson, which is a specific crime defined in statutes and carries severe criminal penalties. In this context, "unlawful" specifically refers to conduct that is criminally punishable.

• Example 3 (Narrower sense - statutory violation vs. common law principle): A landlord refuses to make reasonable accommodations for a tenant with a disability, despite a state law requiring such accommodations.

  Explanation: The landlord's refusal is unlawful because it directly violates a specific written statute (a fair housing law) designed to protect individuals with disabilities. This highlights "unlawful" referring to a breach of statutory law, distinct from, for instance, a general common law duty to act reasonably.