Todo Lo Que Es Legal Es Legitimo

For example, in Nazi Germany, hiding or even not reporting a Jewish neighbor was considered a crime. According to the legality of the country, it would be legal to contribute to the surrender of these people. However, a large number of people saved their lives because many citizens were opposed to them, such as the so-called «angel of the Warsaw ghetto», Irena Sendler. This is a clear example of the legitimacy of illegality and the legality of illegality. There have been©few in history where slavery was legal, but it was and still is unjust, in any form©, to give just one example. The other concept to be analyzed is that of legitimacy. Although one of the meanings of the word implies that legitimate action is that which is in conformity with the law, legitimacy requires an aspect that is not limited to mere legality. Therefore, we already know that legality, legitimacy, illegality and illegitimate are completely different concepts that must be used correctly to avoid confusion or misinterpretation. Therefore, the drafting and adoption of laws is a matter of enormous responsibility, it requires study, calm, reflection, discussion and legislators free from pressure, with great intellectual honesty, with knowledge of reality, other laws related to the one they want to enact, and the legal body of the country. If we look in the RAE`s dictionary, which means legitimate, we can check whether it refers to what is legal or just and also in accordance with the law. For example, legitimate power is that which results from the provisions of the Constitution and the organic law of the universal electoral system.

The principle of legality is the principle that all State bodies act within the framework of the law. The principle of legality is considered one of the pillars of the modern rule of law. [8] Homer, Odyssey, Canto XII. The words are put in Circe`s mouth. The myth of Scylla and Charybdis raises the choice between two evils that Odysseus had to face; when he approached Scylla, he lost six companions, but if he had sailed with Charybdis, they would all have succumbed. «There lives Scylla, screaming, which is frightening: her voice is indeed as high-pitched as that of a newborn puppy, and he is an evil monster. No one would be happy to see her, not even a God who would give her a face. Twelve are his feet, all deformed, and six his long necks; In each there is a terrible head and in it three rows of encumbered and thick teeth, full of the Black Death.

From the middle to the bottom, he is hidden in the hollow cave, but his heads protrude from the terrible abyss, and there he fishes and explores everything around the Strie stone in case he manages to catch dolphins or seals, or even a larger monster of those bred by the groaning Amphitrite. The sailors never boast of having passed him unscathed with the ship, as he grabs a man at the dark bow of the ship with each head and takes him with him. You`ll also see Ulysses, another flatter, closer-knit stumbling block. They would do well to cross it like an arrow. In this there is a large goat covered with foliage, and under the divine Charybdis sips noisily black water. Three times a day he lets it go and three more times he sips it again, which is scary. May you not be there when He sips it, for He would not free you from death or from the one who shakes the earth! It is therefore better to quickly approach the Scylla trap and pass the ship, because it is better to miss six companions than not all together. The main difference between legality and legitimacy is that the concept of legitimacy or legitimacy also refers to an ethical and moral consideration. That is, it is a legal concept, but also a moral concept. However, the distinction between «legality» and «legitimacy» initially turns out to be an essential difference in any democratic rule of law. Legality belongs to the order of positive law and its norms always contain the force of law (i.e. create legal obligations).

Legitimacy is part of the order of politics and public ethics (basis of norms and decisions). In this way, legality generates obligation, legitimacy generates responsibility (political or ethical) and recognition. Or, to put it another way; Legality has a limited normative rationality and legitimacy has an open deliberative logic by referring to more diffuse concepts (such as ethics). However, it may happen that a certain act or behavior is outside the confines of the legal system when we talk about illegality. It is fairness – a new concept that I now mention – that makes it possible to coincide or take into account the concepts of legality and legitimacy in the application of the rules to the specific case by institutional actors (in particular judges). In my opinion, this is how we must understand what Article 3.2 of our Civil Code states: «In the application of the rules, equity must be balanced, although the decisions of the courts may be based solely on them only if the law expressly so permits». The clearest example of legal behaviour in our legal system is the practice of prostitution. Today, this profession has no kind of regulation, so the people who exercise it cannot be sanctioned (the behavior is not illegal), but they also do not enjoy the protection that other workers have (the behavior is not legal). And I leave it here because I`m already «long in length» again, for which I apologize, hoping to have left enough material to think and/or disagree. With this and with an eternal Etruscan smile, I say goodbye to all and, as always, I wish you a good weekend. It is legal for the president, his wife and the Minister of Finance to own the houses submitted by the state suppliers, it can be verified that the contracts have been notarized with the entire protocol, with the full consent of the parties.

Nor did they conduct a direct tendering process. However, it is not legitimate for the same entrepreneurs who profit from billions of pesos to sell, rent or transfer real estate to officials who have absolute influence on the decisions taken by the authorities. It is legal for the Attorney General`s Office (PGR) to infer the execution of 43 students with evidence of the death of only one of them. However, it is not legitimate for them to decide, given the impossibility of obtaining evidence, that all were executed without having exhausted all investigative possibilities that indicated the probable responsibility of the State for the enforced disappearance of the normalists. It is legal for the President to appoint a subordinate to the post of civil service secretary and to entrust him with the task of investigating it, but it is not legitimate for this person to be the head of a dependency destined to disappear during a transitional period, the dependency does not appear in the organic law of the public administration.