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Full-Text Articles in Law
The Semantics And Pragmatics Of Legal Statements, Michael S. Green
The Semantics And Pragmatics Of Legal Statements, Michael S. Green
Michael S. Green
No abstract provided.
The New Eliminativism, Michael S. Green
Prediction Theories Of Law And The Internal Point Of View, Michael S. Green
Prediction Theories Of Law And The Internal Point Of View, Michael S. Green
Michael S. Green
No abstract provided.
On Hart's Category Mistake, Michael S. Green
On Hart's Category Mistake, Michael S. Green
Michael S. Green
This essay concerns Scott Shapiro’s criticism that H.L.A. Hart’s theory of law suffers from a “category mistake.” Although other philosophers of law have summarily dismissed Shapiro’s criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro’s planning theory of law is that it can explain this phenomenon. Despite these sympathies, however, I end with the suggestion that Shapiro’s criticism of Hart, as it stands, is …