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Full-Text Articles in Law
Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban
Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban
Georgetown Law Faculty Publications and Other Works
Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to uphold the rule of law when it is under assault. This Article explores that dilemma in a stark form: …
The Semantics And Pragmatics Of Legal Statements, Michael S. Green
The Semantics And Pragmatics Of Legal Statements, Michael S. Green
Popular Media
No abstract provided.
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Faculty Scholarship
Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …
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
Faculty Publications
No abstract provided.
On Hart's Category Mistake, Michael S. Green
On Hart's Category Mistake, Michael S. Green
Faculty Publications
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 …
Leiter On The Legal Realists, Michael S. Green
Leiter On The Legal Realists, Michael S. Green
Faculty Publications
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
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Faculty Publications
No abstract provided.
The Unruliness Of Rules, Peter A. Alces
Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green
Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green
Faculty Publications
No abstract provided.