Conceptio › Archive › PhilArchive
PhilArchive open access

Selected-Legal Nullity: A Philosophy of Law from Gappy Text, Interpretive Selection, Certificate Channels, and Attribute Failure

Emmerson, Parker · 2026
PhilArchive · Papers · 2026
Open Source ↗
philosophy
This paper develops a philosophy of law from a selected-logical architecture. Its central claim is that law is not bare text plus facts. Law becomes operative only after a legal evaluator is selected: a regime of interpretation, doctrine, jurisdiction, evidentiary admissibility, procedural posture, burdens, remedies, institutional authority, and status attribution. Before such selection, many legal claims are semantically underdetermined or gappy. Across arbitrary interpretive completions, no invariant legal result need exist. After authoritative selection, law becomes a certificate regime: some failures are finitely witnessable, while legality often requires all-stage coverage. At the highest level, no sound resolver that remains fully invariant across all selected legal packages can output any nontrivial truth, liability, legality, proof, nonproof, or legitimacy label. Every real legal judgment must break invariance by selecting legal coordinates. The paper distinguishes three legal nullities. First, bare legal clauses often lack bivalent legal force before doctrine. Second, arbitrary completions of those clauses do not yield invariant outcomes. Third, the complete a-priori selected-legal invariant standpoint cannot decide concrete cases without using case-specific legal content. These nullities do not imply nihilism. They explain why law must operate through selected authority and certified records. Only after this general architecture is developed does the paper apply it to a contemporary criminal-law structure: a minor tried as an adult for a school shooting while a parent is separately prosecuted for furnishing or enabling access to the weapon. The example is not treated as double jeopardy in the formal constitutional sense. Rather, it illustrates status arbitrage: the state may treat the same person as adult-like for one punitive channel and minor-like for another. The case functions as one possible bad witness of legal attribution failure, not as the foundation of the theory. The concluding thesis is that legal legitimacy depends not on pretending neutrality is possible, but on exposing and justifying the selected evaluator. Law is selected semantics plus enforceable certification.
Conceptio Open Archive

Analyze & explore related research in Conceptio

Connect this record directly into your research workflow or AI agent. Explore citations across open repositories, query full text, and export structured proof bundles.

This document is indexed with metadata only: full text is not available in the archive for this record. Open the official source ↗

Related documents

Record · ID 170346
Retrieved via Conceptio: every document is proof-bundled with source, license, and retrieval metadata.
Bring this data into your agent: Connect via MCP or API · 20 free credits to start · no card required
Read the Docs → · View CLI source on GitHub · Conceptio Open Knowledge Archive