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Keywords: legal moralism
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Journal Articles
New Criminal Law Review (2019) 22 (1): 3–33.
Published: 01 February 2019
... criminalization is. © 2019 by The Regents of the University of California 2019 criminalization symbolic conflict legislation harm principle legal moralism FRAMING MEANING THROUGH CRIMINALIZAT ION: A TEST FOR THE THEORY OF CRIMINALIZAT ION Javier Wilenmann* Contemporary legal scholarship...
Journal Articles
New Criminal Law Review (2015) 18 (3): 369–417.
Published: 01 August 2015
... moralism’s claim that a negligence standard is more effective than a strict liability standard in incentivizing individuals to learn the law is false: the safe harbor provision of a negligence rule acts as an insurance effect, disincentivizing individuals to learn the law. Second, legal moralism assumes...