Faculty Profiles

Mark Greenberg

Mark Greenberg

Professor of Law
Professor of Philosophy
B.A. Johns Hopkins University, 1982
J.D. UC Berkeley-Boalt Hall, 1985
B.Phil. University of Oxford, 1990
D.Phil. University of Oxford, 2000
UCLA Faculty Since 2004

Articles and Chapters

Explaining the Asymmetry between Mistakes of Law and Mistakes of Fact, Jurisprudence (forthcoming).
Philosophy of Law: Some Directions, 36 Doxa: Cuadernos de Filosofía del Derecho (forthcoming).
The Moral Impact Theory of Law, 123 Yale Law Journal 1288-1342 (2014). Full Text
“How Facts Make Law” and the Nature of Moral Facts, 40 Direito, Estado, e Sociedade (Pontifícia Universidade Católica do Rio de Janeiro) 165 (2012).
Law through the Prism of Planning, review of Scott Shapiro, Legality, in Jotwell (September 2011).
Legislation as Communication? Legal Interpretation and the Study of Linguistic Communication, in Philosophical Foundations of Language in the Law (edited by A. Marmor and S. Soames, Oxford University Press, 2011).
Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II, 30 Law and Philosophy (2011). Corrected version: Erratum: Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II, Law and Philosophy, 31: 619-642 (2012).
The Standard Picture and Its Discontents, in Oxford Studies in Philosophy of Law: Vol. 1 (edited by Leslie Green and Brian Leiter, Oxford University Press, 2011). Full Text
Naturalism in Epistemology and the Philosophy of Law, 30 Law and Philosophy 419-451 (2011).
The Communication Theory of Legal Interpretation and Objective Notions of Communicative Content, UCLA School of Law Working Paper Series, Public Law & Legal Theory Working Paper 10-35 (2010). Full Text
Moral Concepts and Motivation, 23 Philosophical Perspectives 137-64 (2009). Full Text
Explaining Legal Facts, UCLA School of Law Working Paper Series, Public Law & Legal Theory Working Paper 08-19 (2008). Full Text
The Prism of Rules, UCLA School of Law Working Paper Series, Public Law & Legal Theory Working Paper 07- 31 (2007). Full Text
Incomplete Understanding, Deference, and the Content of Thought, UCLA School of Law Working Paper Series, Public Law & Legal Theory Working Paper 07-30 (2007). Full Text
Reasons without Values?, 2 Social Political and Legal Philosophy 133 (2007). Full Text
On Practices and the Law, 12 Legal Theory 113-136 (2006). Reprinted in "Law: Metaphysics Meaning and Objectivity," 2 Social, Political, and Legal Philosophy 95 (2007).
Hartian Positivism and Normative Facts: How Facts Make Law II, in Exploring Law's Empire (edited by Scott Hershovitz, Oxford University Press, 2006). Full Text
Conceptual Role Semantics (with Gilbert Harman), in Oxford Handbook of Philosophy of Language (edited by Ernie Lepore and Barry Smith, Oxford University Press, 2006). Full Text
Setting Asymmetric Dependence Straight, UCLA School of Law Working Paper Series, Public Law & Legal Theory Working Paper 06-03 (2006). Full Text
A New Map of Theories of Mental Content: Constitutive Accounts and Normative Theories, 15 Philosophical Issues 299-320 (2005). Full Text
Goals versus Memes: Explanation in the Theory of Cultural Evolution, in Perspectives on Imitation (edited by Susan Hurley and Nick Chater, MIT Press, 2005). Full Text
Proving Rationality, in Perspectives on Imitation (edited by Susan Hurley and Nick Chater, MIT Press, 2005). Full Text
How Facts Make Law, 10 Legal Theory 157-98 (2004). Reprinted in 1) Scott Hershovitz, ed., Exploring Law’s Empire (Oxford University Press, 2006); 2) 2 Social, Political, and Legal Philosophy (forthcoming); 3) E. Caceres, I. Flores, J. Saldana, and E. Villanueva, eds., Problemas Contemporaneos de la Filosofia del Derecho (Universidad Nacional Autonoma De Mexico, 2005); 4) 1 Problema (2006). Full Text
Apocalypse Not Just Now, 21 London Review of Books 19 (July 1, 1999). Reprinted (in Portugese) in Best of (1999). Full Text
The Meaning of Original Meaning (with Harry Litman), 86 Georgetown Law Journal 569-619 (1998). (Runner-up, American Philosophical Association’s Berger Memorial Prize in Philosophy of Law.) Full Text
Federal Power and Federalism: A Theory of Commerce-Clause Based Regulation of Traditionally State Crimes (with Harry Litman), 47 Case Western Reserve Law Review 921-78 (1997).
Dual Prosecutions: A Model for Concurrent Federal Jurisdiction (with Harry Litman), in The Federal Role in Criminal Law (543 Annals of the American Academy of Political and Social Science 72-84 (1996).
Reporters' Draft for the Working Group on Federal-State Cooperation, 46 Hastings Law Journal 1319-38 (1995).
The Appropriate Source of Law for Forum Non Conveniens Decisions in International Cases: A Proposal for the Development of Federal Common Law, 4 Berkeley Journal of International Law 155-197 (1986). (Formerly International Tax & Business Lawyer)

Other

Life's a Game, The Economist (July 13, 2000). Reviewing Nonzero, by Robert Wright.
What Connects Thought and Action?, Times Literary Supplement (June 23, 1995). Reviewing The Elm and the Expert, by Jerry Fodor.
Book Review, 108 Law Quarterly Review 164-169 (1992). Reviewing Legal Theory, Political Theory, and Deconstruction, by M. Kramer.  (Co-author)