Michael Steven Green College of William and Mary
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  • Faculty, College of William and Mary
  • PhD, Yale University, 1990.

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  1. Michael S. Green (2013). On Hart's Category Mistake. Legal Theory 19 (4):347-369.
    This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a 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 (...)
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  2. Michael Steven Green (2013). Eternal Recurrence in a Neo-Kantian Context. Kriterion: Revista de Filosofia 54 (128):459-473.
    Neste ensaio, argumento que qualquer um que adotasse um falsificacionismo do tipo que tenho atribuído a Nietzsche se sentiria atraído pela doutrina do eterno retorno. Para Nietzsche, pensar o 'vir a ser' revelado por meio dos sentidos significa falsificá-lo por meio do 'ser'. Mas o eterno retorno oferece a possibilidade de pensar o 'vir a ser' sem falsificação. Em seguida, argumento que qualquer um que mantenha o falsificacionismo de Nietzsche veria na ação humana um conflito entre o 'ser' e o (...)
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  3. Rebecca Volpe, George Blackall, Michael Green, Danny George, Maria Baker & Gordon Kauffman (2013). Googling a Patient. Hastings Center Report 43 (5):14-15.
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  4. Jonathan K. Wynn, Kristopher Ian Mathis, Judith Ford, Bruno Breitmeyer & Michael Green (2013). Object Substitution Masking in Schizophrenia: An Event-Related Potential Analysis. Frontiers in Psychology 4.
    Schizophrenia patients exhibit deficits on visual processing tasks, including visual backward masking, and these impairments are related to deficits in higher-level processes. In the current study we used electroencephalography techniques to examine successive stages and pathways of visual processing in a specialized masking paradigm, four-dot masking, which involves masking by object substitution. Seventy-six schizophrenia patients and 66 healthy controls had event-related potentials (ERPs) recorded during four-dot masking. Target visibility was manipulated by changing stimulus onset asynchrony (SOA) between the target and (...)
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  5. Michael Green (2012). Was Afrikan Spir a Phenomenalist (and What Difference Does It Make for Understanding Nietzsche)? Journal of Nietzsche Studies 44.
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  6. Michael Steven Green (2011). Leiter on the Legal Realists. Law and Philosophy 30 (4):381-418.
    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 (...)
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  7. Michael Steven Green (2008). Does Dworkin Commit Dworkin's Fallacy?: A Reply to Justice in Robes. Oxford Journal of Legal Studies 28 (1):33-55.
    In an article entitled ‘Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us about the Law’, I argued that in Law's Empire Ronald Dworkin misderived his interpretive theory of law from an implicit interpretive theory of meaning, thereby committing ‘Dworkin's fallacy’. In his recent book, Justice in Robes, Dworkin denies that he committed the fallacy. As evidence he points to the fact that he considered three theories of law—‘conventionalism’, ‘pragmatism’ and ‘law as integrity’—in Law's Empire. Only the last (...)
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  8. Michael Steven Green (2008). Kelsen, Quietism, and the Rule of Recognition. In Matthew D. Adler & Kenneth E. Himma (eds.), THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION. Oxford University Press.
    Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what Hart calls (...)
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  9. Michael Steven Green (2005). White and Clark on Nietzsche and The Transcendental Tradition. International Studies in Philosophy 37 (3):45-75.
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  10. Michael Steven Green (2004). Nietzsche's Place in Nineteenth Century German Philosophy. Inquiry 47 (2):168 – 188.
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  11. Michael Green (1997). Justice as Impartiality, Brian Barry (Oxford: Clarendon Press, 1995), 315 Pp., $19.95, Paper, $35.00 Cloth. [REVIEW] Ethics and International Affairs 11:315.
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  12. Michael S. Green (1992). Nietzsche on Pity and Ressentiment. International Studies in Philosophy 24 (2):63-70.
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  13. Michael Steven Green, Nietzsche and Transcendental Tradition.
     
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  14. Michael Steven Green, Copyrighting Facts.
    This article is a limited defense of copyrights for the contents of factual compilations. The form of protection that I propose, under which the collective factual content of such compilations is protected, differs from an approach that protects individual facts and from the currently accepted approach (as articulated in Feist v. Rural Telephone), under which only selections and arrangements of individual facts are protected. Although I accept that there are sound economic justifications for refusing to copyright individual facts, my justifications (...)
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  15. Michael Steven Green, Why Protect Private Arms Possession?
    In District of Columbia v. Heller, the Supreme Court is anticipated to finally decide whether the Second Amendment is an individual or a collective right. This article is not about the textual and historical arguments on the basis of which the Court is likely to make its decision. My topic is more fundamental. Assuming that the Second Amendment protects an individual right, what purpose does it serve? What are the possible reasons that private arms possession is sufficiently valuable to deserve (...)
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