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Legal Philosophy

Law and Philosophy

Selected Works

2013

Articles 1 - 3 of 3

Full-Text Articles in Law

Leiter On The Legal Realists, Michael S. Green Jun 2013

Leiter On The Legal Realists, Michael S. Green

Michael S. Green

In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to …


Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green Jun 2013

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Michael S. Green

No abstract provided.


Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green Jun 2013

Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green

Michael S. Green

No abstract provided.