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    If procedurally defective enactments fail to constitute l... — Carmelics
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    Challenges→Sound and legitimate adjudication under natural law theory requires prioritizing social-fact sourced law and setting it aside only when it is too iniquitous to apply.

    If procedurally defective enactments fail to constitute law at all, then the claim's framework of 'setting aside' posited law mischaracterizes the adjudicative task as one of exception rather than legal identification.

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    1 reason for
    1 reason against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Legal identification requires determining what counts as law; procedurally defective enactments simply fail this threshold and are never 'law' to set aside.
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    • 2.The 'exception' framing wrongly presupposes defective enactments have legal status initially, then treats courts as removing it—inverting the actual logical order.
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    • 3.Judges identifying non-law as non-law performs the core judicial duty of legal recognition, not exception-handling to an established legal baseline.
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    Reasons Against

    1 perspective
    Reason against
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    • 1.Courts practically must treat enactments as presumptively law until struck down; the distinction between 'never was law' and 'no longer is law' is operationally empty.
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    • 2.Saying defective enactments 'fail to constitute law' merely relabels rather than resolves whether courts exercise authority to nullify apparent legal acts.
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    • 3.Legal systems require a determinate moment when something binding becomes non-binding; pure identification theory cannot explain why courts' pronouncements matter temporally.
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    Key Terms

    Adjudicative task(as used in philosophy of law)
    The job of a judge or court to hear a case and make a decision about what the law means and how it applies.
    Constitute(metaphysics)
    To be the parts or components that make up something—like how ingredients constitute a cake.
    Enactments(as used in legal philosophy)
    Laws or rules that have been officially passed and put into effect by a government or authority.
    Legal identification(as used in legal philosophy)
    The process of determining what actually counts as law versus what doesn't, based on legal principles and criteria.
    Procedurally defective(as used in law and philosophy of law)
    When something breaks the official rules or steps that are supposed to be followed, even if the final result might seem okay.
    Setting aside(as used in law and judicial review)
    The legal act of canceling or invalidating a law or decision, treating it as if it never had legal force.
    posited law(Used interchangeably with 'purely positive law' and 'social-fact sourced law' in the passage.)
    Law that is sourced from social facts — enacted, recognized, or pedigreed by institutional social processes — as distinct from moral or natural law standards.

    Connections

    2 topics

    Social Contract1 linkedJustice & Punishment1 linked

    Related

    Courts practically must treat enactments as presumptively law until struck down;...Judges identifying non-law as non-law performs the core judicial duty of legal r...

    Details

    Type
    claim
    Perspectives
    2 (1 for, 1 against)
    Edits
    1 edit
    Legal identification requires determining what counts as law; procedurally defec...
    Legal systems require a determinate moment when something binding becomes non-bi...
    +3 moreShow less
    Saying defective enactments 'fail to constitute law' merely relabels rather than...Sound and legitimate adjudication under natural law theory requires prioritizing...The 'exception' framing wrongly presupposes defective enactments have legal stat...