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H ans K elsen's Concept of Normative Imputation

2013; Wiley; Volume: 26; Issue: 1 Linguagem: Inglês

10.1111/raju.12004

1467-9337

Peter Langford, Ian Bryan,

Criminal Law and Policy

Abstract This article compares and contrasts Hans Kelsen's concept of normative imputation, in the L ecture C ourse of 1926, with the concepts of peripheral and central imputation, in T he P ure T heory of L aw of 1934. In this process, a wider and more significant distinction is revealed within the development of H ans K elsen's theory of positive law. This distinction represents a shift in K elsen's philosophical allegiance from the N eo‐ K antianism of W indelband to that of C ohen. This, in turn, reflects a broader disengagement of T he P ure T heory of L aw from the more direct connection with a political project of a civitas maxima envisaged by the L ecture C ourse.