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  1. Legal punishment of immorality: once more into the breach.Kyle Swan - 2017 - Philosophical Studies 174 (4):983-1000.
    Gerald Dworkin’s overlooked defense of legal moralism attempts to undermine the traditional liberal case for a principled distinction between behavior that is immoral and criminal and behavior that is immoral but not criminal. According to Dworkin, his argument for legal moralism “depends upon a plausible idea of what making moral judgments involves.” The idea Dworkin has in mind here is a metaethical principle that many have connected to morality/reasons internalism. I agree with Dworkin that this is a plausible principle, but (...)
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  • Morgan’s Minimalism: An Epistemic Approach to Contract Law.Rajiv Shah - 2016 - Critical Review: A Journal of Politics and Society 28 (3-4):356-379.
    ABSTRACTLawyers tend to fall into two categories. Some argue that the law should reflect our moral duties to each other. Seen that way, law is a form of applied ethics, and the social sciences should play only a very limited role in the reasoning of legal scholars. Others argue that the law should be developed consistently with the conclusions of social science, arguing, for example, that the task of the law is to maximize economic efficiency, such that law must conform (...)
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