Illegality is a flexible state-defined concept [definitional]
The concept of illegality is an elastic one whose boundaries are determined at the discretion of the state. The definition of what constitutes an illegal commodity is subject to changes in legislation and varies from country to country. There is one feature, however, that all illicit markets have in common: they are both unprotected and subject to legal action.
DEFINE: Frames 'illegality' as a discretionary, state-determined category rather than a fixed one, and defines illicit markets by their shared exposure to legal action despite lacking protection.
Diego Gambetta, The Sicilian Mafia The Busi…, loc. 606