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Keywords: liberal positivismClose
Journal: New Criminal Law Review
New Criminal Law Review (2015) 18 (3): 369–417.
Published: 01 August 2015
..., legal moralists argue that the doctrine cannot be explained by a desire to incentivize legal knowledge. In evaluating this argument, the Article defends the traditional account, often identified with the liberal positivism of Justice Holmes. The Article advances three main arguments. First, legal...