Mark Greenberg

UCLA School of Law and Department of Philosophy

Professor of Law and Professor of Philosophy

385 Charles E. Young Dr. East

Room 1242

Los Angeles, CA 90095-1476

United States

SCHOLARLY PAPERS

33

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CITATIONS
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59

Scholarly Papers (33)

1.

How Facts Make Law

Legal Theory, Vol. 10, pp. 157-198, 2004, UCLA School of Law Research Paper No. 05-22
Number of pages: 43 Posted: 08 Sep 2005
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 1,783 (8,685)

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philosophy, legal positivism, law and morality, law and reasons, normativity

2.

The Standard Picture and its Discontents

Oxford Studies in the Philosophy of Law, Vol. 1, 2010, UCLA School of Law Research Paper No. 08-07
Number of pages: 89 Posted: 11 Mar 2008 Last Revised: 03 Jun 2010
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 1,587 (10,501)

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authority, authoritative, command paradigm, concurrence hypothesis, content of the law, dependence view, explanatory directness, philosophy of law, legal positivism, legal authority, law and morality, law and reasons, morality, obligation, obligation to obey the law, standard picture

3.

Naturalism in Epistemology and the Philosophy of Law

Law and Philosophy, 2011, UCLA School of Law Research Paper No. 07-17
Number of pages: 40 Posted: 21 May 2007 Last Revised: 04 Jun 2011
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 927 (23,964)

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epistemology, foundationalism, justification, legal philosophy, legal realism, Leiter, naturalism, naturalization, normativity, natural science, indeterminacy, Quine, psychology, replacement, science, sociology

4.

Hartian Positivism and Normative Facts: How Facts Make Law Ii

EXPLORING LAW'S EMPIRE, Scott Hershovitz, ed., Oxford University Press, Forthcoming, UCLA School of Law Research Paper No. 06-09
Number of pages: 41 Posted: 03 Mar 2006
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 864 (26,529)
Citation 6

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philosophy of law, legal positivism, Hart, law and morality, law and reasons, normative facts, normativity, practices, rules, reasons, norms, morality, acceptance, rule of recognition, moral truths, possible legal systems, Lewis Carroll, regress

5.

A New Map of Theories of Mental Content: Constitutive Accounts and Normative Theories

Philosophical Issues, Vol. 15, 2005 , UCLA School of Law Research Paper No. 05-20
Number of pages: 34 Posted: 07 Sep 2005
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 772 (31,005)

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philosophy, mind, mental, mental content, normativity, constitutive accounts, theories, normative theories, taxonomy, classification

6.

Legislation as Communication? Legal Interpretation and the Study of Linguistic Communication

PHILOSOPHICAL FOUNDATIONS OF LANGUAGE IN THE LAW, A. Marmor, S. Soames, eds., Oxford University Press 2011, UCLA School of Law Research Paper No. 10-36
Number of pages: 76 Posted: 12 Jan 2011
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 753 (32,098)

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legislation, statute, communication, statutory interpretation, Grice, Gricean theory, speaker's meaning, the content of the law, legislative intention, language, linguistic communication, language and law, philosophy of language, constitutional interpretation

7.

Conceptual Role Semantics

OXFORD HANDBOOK OF PHILOSOPHY OF LANGUAGE, Ernie Lepore, Barry Smith, eds., Oxford University Press, Forthcoming, UCLA School of Law Research Paper No. 05-24
Number of pages: 31 Posted: 08 Sep 2005
Mark Greenberg and Gilbert Harman
UCLA School of Law and Department of Philosophy and Princeton University - Department of Philosophy
Downloads 706 (35,037)

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conceptual role, semantics, meaning, mental content, representation, language, symbol, thought, holism, concept, translation, compositionality, inference, analytic, synthetic, Chinese Room, information, indication

8.

The Meaning of Original Meaning

Georgetown Law Journal, Vol. 86, pp. 569-619, 1998, UCLA School of Law Research Paper No. 05-37
Number of pages: 52 Posted: 29 Nov 2005
Mark Greenberg and Harry Litman
UCLA School of Law and Department of Philosophy and Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 596 (43,960)

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originalism, original meaning, original intent, interpretation, meaning, constitution, constitutional interpretation, Scalia, principles, practices, fidelity, Rutan, Umbehr, Virginia Military Institute, textualism, cruel and unusual punishment, Eighth Amendment

9.

Apocalypse Not Just Now

London Review of Books, Vol. 21, No. 19, July 1999, (reprinted as "Apocalipse mas ja nao" (in Portugese) in Best of (1999)), UCLA School of Law Research Paper No. 05-30
Number of pages: 13 Posted: 04 Oct 2005
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 587 (44,866)

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doomsday argument, probability, randomness, random selection, fallacy, cognitive illusion, extinction, risk, uncertainty, probability theory, Bayes's theorem, Bayesian reasoning, base rate, intuition, anthropic principle, Brandon Carter, J. Richard Gott, John Leslie

10.

On Practices and the Law

Legal Theory, Vol. 12, Forthcoming, UCLA School of Law Research Paper No. 05-25
Number of pages: 36 Posted: 13 Sep 2005
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 586 (44,962)

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Legal positivism, philosophy of law, normativity, practices, reasons, promises, promising, norms, obligations, morality, normative reasons, motivating reasons, moral truths, legal norms, institutions

11.

The Prism of Rules

UCLA School of Law Research Paper No. 07-31
Number of pages: 56 Posted: 01 Dec 2007
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 581 (45,446)
Citation 1

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authority, authoritative, concurrence hypothesis, content of the law, philosophy of law, legal positivism, legal authority, law and morality, law and reasons, morality, obligation, obligation to obey the law, pronouncement view, rules

12.

The Moral Impact Theory of Law

123 Yale Law Journal 1288 (2014), UCLA School of Law Research Paper No. 13-21
Number of pages: 55 Posted: 25 Aug 2013 Last Revised: 26 Mar 2014
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 549 (48,854)
Citation 3

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philosophy, legal philosophy, philosophy of law, jurisprudence, legal positivism, anti-positivism, law and morality, Dworkin, the standard picture, beyond the standard picture, natural law, evil law, the dependence view

13.

Incomplete Understanding, Deference, and the Content of Thought

UCLA School of Law Research Paper No. 07-30
Number of pages: 75 Posted: 17 Nov 2007 Last Revised: 16 Oct 2013
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 518 (52,584)
Citation 1

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Burge, concept, conceptual role, content, covariational theory of content, deference, division of linguistic labor, experts, incomplete understanding, inferential role, Fodor, language, linguistic competence, mental content, meaning, normative theory of content, Peacocke, theory of content

14.

The Communication Theory of Legal Interpretation and Objective Notions of Communicative Content

UCLA School of Law Research Paper No. 10-35
Number of pages: 9 Posted: 18 Dec 2010
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 449 (62,888)

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Legislation, Statute, Communication, Statutory Interpretation, Grice, Gricean Theory, Speaker's Meaning, The Content of the Law, Legislative Intention, Language, Linguistic Communication, Language and Law, Philosophy of Language, Constitutional Interpretation

15.

Explaining Legal Facts

UCLA School of Law Research Paper No. 08-19
Number of pages: 16 Posted: 31 May 2008
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 410 (70,174)

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determinants of legal content, explanation, Greenberg, legal positivism, metaethics, moral facts, moral particularism, normative facts, normativity, philosophy, reasons, rational determination

16.

Reasons Without Values?

Social, Political, and Legal Philosophy, Vol. 2, UCLA School of Law Research Paper No. 05-27
Number of pages: 12 Posted: 20 Sep 2005
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 390 (74,424)

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Textualism, plain meaning, legal positivism, philosophy of law, normativity, practices, reasons, value, value-free, norms, morality, moral truths, legal norms, value-neutral reasons, supervenience, ontology

17.

Goals Versus Memes: Explanation in the Theory of Cultural Evolution

PERSPECITIVES ON IMITATION, Susan Hurley and Nick Chater, eds., MIT Press, 2004, UCLA School of Law Research Paper No. 05-23
Number of pages: 25 Posted: 08 Sep 2005
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 362 (81,158)

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Darwin, meme, cultural evolution, explanation, selfish gene, evolutionary theory, natural selection, imitation, cultural change

18.

Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II

Law and Philosophy, Forthcoming , UCLA School of Law Research Paper No. 11-18
Number of pages: 21 Posted: 05 Jun 2011
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 322 (92,665)

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Epistemology, Quine, Cartesian Foundationalism, Foundationalism, Science, Justification, Philosophy of Law, Legal Philosophy, American Legal Realism, Legal Realism, Legal Determinacy, Indeterminacy Thesis, Legal Indeterminacy, Ronald Dworkin, Naturalism, Naturalization, Normativity, Replacement

19.

What Makes a Method of Legal Interpretation Correct? Legal Standards vs. Fundamental Determinants

In Harvard Law Review Forum (Forthcoming), UCLA School of Law, Public Law Research Paper No. 17-06
Number of pages: 21 Posted: 02 Feb 2017 Last Revised: 04 Feb 2017
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 311 (96,315)

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Legal Interpretation, Statutory Interpretation, The Law of Interpretation, Jurisprudential Theories, Theories of Law, Will Baude, Stephen Sachs, The Standard Picture, Methods of Interpretation, Originalism

20.

Gun Violence and Gun Control

UCLA School of Law Research Paper No. 10-01
Number of pages: 18 Posted: 05 Jan 2010
Mark Greenberg and Harry Litman
UCLA School of Law and Department of Philosophy and Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 295 (101,963)

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guns, firearms, gun control, gun violence, gun initiatives, gun projects, David Kennedy, Joyce Malcolm, Jim Jacobs, gun dealers, straw purchasers, Brady Act, gun shows, background checks

21.

Rethinking Gun Violence

UCLA School of Law Research Paper No. 10-02
Number of pages: 53 Posted: 05 Jan 2010
Mark Greenberg and Harry Litman
UCLA School of Law and Department of Philosophy and Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 282 (107,024)

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guns, firearms, gun control, gun violence, gun initiatives, gun projects, David Kennedy, Joyce Malcolm, Jim Jacobs, gun dealers, straw purchasers, Brady Act, gun shows, background checks

22.

Proving Rationality

UCLA School of Law Research Paper No. 05-26, PERSPECTIVES ON IMITATION, Susan Hurley, Nick Chater, eds., 2005
Number of pages: 5 Posted: 13 Sep 2005
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 189 (158,924)

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evolutionary theory, Darwin, economic theory, rationality, decision-making, gene, replicator, meme, biological evolution, natural selection, cultural evolution, cultural change, Dawkins, Binmore, Sugden, decision theory, empirical, a priori, explanation

23.

Setting Asymmetric Dependence Straight

UCLA School of Law Research Paper No. 06-03
Number of pages: 38 Posted: 26 Jan 2006
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 177 (168,597)

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mental content, mind, theory of content, mentalese, language of thought, semantics, meta-semantics, informational semantics, information, covariation, causal semantics, Fodor, asymmetric dependence, meaning, reference, nomic dependence, symbol

24.

Thoughts Without Masters: Incomplete Understanding and the Content of Mind

University of Oxford, D.Phil. Dissertation, 2001, UCLA School of Law Research Paper No. 10-37
Number of pages: 212 Posted: 18 Dec 2010
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 161 (182,954)

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mental content, philosophy of mind, theory of content, informational theory of content, conceptual role theory of content, inferential role theory of content, concepts, incomplete understanding, conceptual mastery, full grasp, Fodor, Peacocke, Kripke, possession conditions, deference

25.

Explaining the Asymmetry between Mistakes of Law and Mistakes of Fact

Jurisprudence Vol. 6, No. 1, pp. 95-111, 2015, UCLA School of Law Research Paper No. 15-07
Number of pages: 17 Posted: 21 Mar 2015 Last Revised: 31 Jan 2017
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 142 (203,086)

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26.

How Law Affects Behavior

Jurisprudence (Forthcoming), UCLA School of Law, Public Law Research Paper No. 16-55
Number of pages: 18 Posted: 30 Nov 2016
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 137 (209,054)

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Moral Reason, Morally-Motivated Behavior vs. Cooperation through Coercion, Behavioral Norms, Law as a Motivating Behavior

27.

How Mistakes Excuse: Genuine Desert, Moral Desert, and Legal Desert

Newsletter of the American Philosophical Association, Forthcoming, UCLA School of Law Research Paper No. 12-20
Number of pages: 28 Posted: 31 Jul 2012
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 120 (231,557)

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criminal law, mistake of fact, mistake of law, collateral mistake of law, excuse, legal excuse, legal desert, moral desert, responsibility, moral responsibility, legal responsibility, moral reasons, legal reasons, Gideon Yaffe

28.

Troubles for Content I

Chapter 5 in Metasemantics: New Essays on the Foundations of Meaning, Edited By Alexis Burgess and Brett Sherman (Oxford University Press, 2014)., UCLA School of Law Research Paper No. 15-04
Number of pages: 23 Posted: 24 Feb 2015
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 80 (303,195)

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theory of linguistic and mental content, covariation theories

29.

Troubles for Content II: Explaining Grounding

Chapter 6 in Metasemantics: New Essays on the Foundations of Meaning, Edited By Alexis Burgess and Brett Sherman (Oxford University Press, 2014)., UCLA School of Law Research Paper No. 15-05
Number of pages: 17 Posted: 24 Feb 2015
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 72 (322,164)

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theory of linguistic or mental representation, modal determinants, grounds of content, theory of content

30.

Trump's Corrupt Use of the Pardon Power

LAWFARE (JUNE 19, 2018), UCLA School of Law, Public Law Research Paper No. 18-25
Number of pages: 6 Posted: 25 Jun 2018
Mark Greenberg and Harry Litman
UCLA School of Law and Department of Philosophy and Rutgers, The State University of New Jersey - Rutgers Law School
Downloads 67 (335,117)

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executive power, power or pardon, constitutional norms, rule of law

31.

Can Trump Obstruct Justice?

NYR Daily (Jan. 4, 2018), UCLA School of Law, Public Law Research Paper No. 18-24
Number of pages: 5 Posted: 25 Jun 2018
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 51 (382,606)

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obstruction of justice, constitutional interpretation, presidential power, constitutional authority

32.

Life's a Game (Reviewing Robert Wright, Nonzero)

The Economist, July 13, 2000, UCLA School of Law Research Paper No. 15-08
Number of pages: 5 Posted: 21 Mar 2015
Mark Greenberg
UCLA School of Law and Department of Philosophy
Downloads 49 (389,281)

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33.

Moral Concepts and Motivation

Philosophical Perspectives, Vol. 23, 2009 , UCLA School of Law Research Paper No. 09-31
Posted: 02 Dec 2009
Mark Greenberg
UCLA School of Law and Department of Philosophy

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amoralist, concepts, incomplete understanding, moral concepts, ethical concepts, metaethics, moral internalism, moral externalism, moral motivation, moral judgments, reasons for action, irrationality, conceptual role semantics, inferentialism, rationality, moral fact, akrasia, conceptual requirement