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The new legal anti-positivism

Legal Theory 26 (3):181-213 (2020)

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  1. One-System Integrity and the Legal Domain of Morality.Conor Crummey - 2022 - Legal Theory 28 (4):269-297.
    According to contemporary nonpositivist theories, legal obligations are a subset of our genuine moral obligations. Debates within nonpositivism then turn on how we delimit the legal “domain” of morality. Recently, nonpositivist theories have come under criticism on two grounds. First, that they are underinclusive, because they cannot explain why paradigmatically “legal” obligations are such. Second, that they are overinclusive, because they count as “legal” certain moral obligations that are plainly nonlegal. This paper undertakes both a ground-clearing exercise for and a (...)
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