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Inverse View
It is not the case that A law becomes an offence solely because of the fact that Parliament enacted it, not because of any evaluative judgment about whether enactment was a good idea.
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Identifying what Parliament enacted requires interpretive judgment about legislative intent, purpose, and meaning—not mere observation of institutional fact.
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2.
Dworkin's 'law as integrity' shows that determining what the law *is* already embeds evaluative reasoning about what it ought to mean.
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3.
Therefore, the offence's content is partly constituted by evaluative judgment, not solely by the bare act of enactment.
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Reason for 2 of 2
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1.
Legal validity requires more than institutional enactment; it requires minimal conformity with moral principles (Fuller's inner morality of law).
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2.
A statute so unjust it cannot guide conduct fails as law, making parliamentary enactment insufficient to constitute a genuine legal offence.
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Reasons Against
1 perspective
Reason against
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1.
The offence of driving without pneumatic tires did not exist before Parliament created it.
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2.
After Parliament acted, the offence existed as a consequence of that institutional act.
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3.
Whether Parliament's action was a good idea is irrelevant to the legal fact of the offence's existence.
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