Some scholars argue that the degradation or interruption of Fukai-no-Joten/ Fukaijoten in the course of its transcendence is unthinkable and it is rather probable that the code had been deliberately carried to cassation with a series of such events as Prince Motoi's death, Emperor Koken's enthronement, and Funado no Okimi's investiture as Crown Prince.
伝承の薄れや途切れというより積極的に、基王の死と孝謙天皇即位、道祖王立太子をもって、不改常典の廃棄とする者もいる。