The co-authors wish to thank Stanley L. Paulson (St. Louis/Kiel) for his suggestion to engage with Hans Kelsen's Lecture Course, and for his very helpful comments on a previous draft of this article.
Hans Kelsen's Concept of Normative Imputation
Article first published online: 24 FEB 2013
© 2013 The Authors. Ratio Juris © 2013 Blackwell Publishing Ltd
Volume 26, Issue 1, pages 85–110, March 2013
How to Cite
Langford, P. and Bryan, I. (2013), Hans Kelsen's Concept of Normative Imputation. Ratio Juris, 26: 85–110. doi: 10.1111/raju.12004
- Issue published online: 24 FEB 2013
- Article first published online: 24 FEB 2013
This article compares and contrasts Hans Kelsen's concept of normative imputation, in the Lecture Course of 1926, with the concepts of peripheral and central imputation, in The Pure Theory of Law of 1934. In this process, a wider and more significant distinction is revealed within the development of Hans Kelsen's theory of positive law. This distinction represents a shift in Kelsen's philosophical allegiance from the Neo-Kantianism of Windelband to that of Cohen. This, in turn, reflects a broader disengagement of The Pure Theory of Law from the more direct connection with a political project of a civitas maxima envisaged by the Lecture Course.