A Novel Fact for Concentration by Subtraction: The San Luis Blank-Resignation Convictions and a Broader Reading of Article 22 bis

This working paper tests the Article 22 bis proposal from Concentration Without Reception against an independently discovered San Luis case involving blank resignations required from judicial appointees. It treats the San Luis proceedings as a Lakatosian novel fact for the concentration-by-subtraction model. The paper argues that Argentine criminal law reached the coercive use of a blank-resignation instrument against one judge, but did not reach the systemic practice of collecting such instruments from other candidates, thereby confirming the specific gap Article 22 bis was designed to close. It further revises Article 22 bis to cover public offices or constitutional authorities filled by appointment as well as election, while declining to extend vote-imputation logic to judicial rulings. This record is a working-paper v0.1 companion to Concentration Without Reception and is part of the Law as Extended Phenotype research program.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-07-30
DOI
https://doi.org/10.5281/zenodo.21712440
Primary Topic
Legal Language and Interpretation
Type
preprint
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preprint

A Novel Fact for Concentration by Subtraction: The San Luis Blank-Resignation Convictions and a Broader Reading of Article 22 bis

Ignacio Adrián LERER
Zenodo (CERN European Organization for Nuclear Research)
Legal Language and Interpretation
preprint

A Novel Fact for Concentration by Subtraction: The San Luis Blank-Resignation Convictions and a Broader Reading of Article 22 bis

Ignacio Adrián LERER
preprint en

Abstract

This working paper tests the Article 22 bis proposal from Concentration Without Reception against an independently discovered San Luis case involving blank resignations required from judicial appointees. It treats the San Luis proceedings as a Lakatosian novel fact for the concentration-by-subtraction model. The paper argues that Argentine criminal law reached the coercive use of a blank-resignation instrument against one judge, but did not reach the systemic practice of collecting such instruments from other candidates, thereby confirming the specific gap Article 22 bis was designed to close. It further revises Article 22 bis to cover public offices or constitutional authorities filled by appointment as well as election, while declining to extend vote-imputation logic to judicial rulings. This record is a working-paper v0.1 companion to Concentration Without Reception and is part of the Law as Extended Phenotype research program.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Legal Language and Interpretation
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