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Articles 1 - 12 of 12

Full-Text Articles in Law

The Semantics And Pragmatics Of Legal Statements, Michael S. Green Jun 2019

The Semantics And Pragmatics Of Legal Statements, Michael S. Green

Popular Media

No abstract provided.


The New Eliminativism, Michael S. Green Jan 2016

The New Eliminativism, Michael S. Green

Popular Media

No abstract provided.


Prediction Theories Of Law And The Internal Point Of View, Michael S. Green Dec 2014

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 Sep 2013

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 Jan 2011

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 Jan 2005

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 Jan 2005

Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green

Faculty Publications

No abstract provided.


The Unruliness Of Rules, Peter A. Alces Jan 2003

The Unruliness Of Rules, Peter A. Alces

Faculty Publications

No abstract provided.


Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green Jan 2003

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

Faculty Publications

No abstract provided.


Hans Kelsen And The Logic Of Legal Systems, Michael S. Green Jan 2003

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Faculty Publications

No abstract provided.


Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green Jan 1995

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 Jan 1994

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 …