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Full-Text Articles in Law
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 …
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
Faculty Publications
No abstract provided.
Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green
Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green
Faculty Publications
No abstract provided.
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Faculty Publications
No abstract provided.
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.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …