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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
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    Inverse View

    It is not the case that 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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    Reasons For

    1 perspective
    Reason for
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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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 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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