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Legality, Morality, Duality, Joshua P. Davis
Legality, Morality, Duality, Joshua P. Davis
Utah Law Review
This Article proposes legal dualism as a novel resolution to one of the central debates in jurisprudence—that between natural law and legal positivism. It holds that the nature of law varies with the purpose for which it is being interpreted. Natural law provides the best account of the law when it serves as a source of moral guidance and legal positivism provides the best account of the law when it does not.