Unlawfulness

Unlawfulness is the state or quality of conduct that violates law or legal duties. The term is used across criminal, civil, and administrative contexts to distinguish what is prohibited from what is permitted. In everyday language it can simply mean not legal, but in legal practice it denotes a specific disobedience that may trigger liability or sanction, depending on the governing jurisdiction and applicable rules.

In criminal law, unlawfulness is a core element: a charged act must contravene a criminal prohibition and is typically framed as a violation of statute or common-law rule. Most offences require both actus reus (the voluntary act) and mens rea (a fault of intention or knowledge); however, some offences are strict liability and do not require proof of mens rea. Even when conduct is unlawful in principle, it may be excused or justified by defenses such as self-defense, necessity, consent, or lawful authority.

In civil law, unlawfulness can derive from breach of statutory duties or civil wrongs, giving rise to liability for damages or injunctions. Justifications or rights of defense can negate unlawfulness in specific contexts—for example, privileged communications, official actions, or statutory authorizations—so that the act, though technically prohibited, is not actionable within the relevant framework.

The concept intersects with theories of legality and morality: legal positivists separate legality from morality, while natural law theories tie unlawfulness to a higher moral order. Jurisdictions may also recognize public policy exceptions that permit otherwise unlawful actions in particular circumstances.

Unlawfulness thus depends on the applicable legal system, the nature of the act, and any defenses or exemptions that apply. It remains a central concept in determining liability and sanctions.