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  1. Hans Kelsen's Concept of Normative Imputation.Ian Bryan Peter Langford - 2013 - Ratio Juris 26 (1):85-110.
    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 (...)
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  • Hans Kelsen's Concept of Normative Imputation.Peter Langford & Ian Bryan - 2013 - Ratio Juris 26 (1):85-110.
    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 (...)
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  • Back to the Future? Temporality and Society in Indian Constitutional Law: A Closer Look at Section 377 and Sabarimala Decisions and the Genealogy of Legal Reasoning.Jean-Philippe Dequen - 2020 - Journal of Human Values 26 (1):17-29.
    ‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...)
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  • Hart's and Kelsen's Concepts of Normativity Contrasted.Sylvie Delacroix - 2004 - Ratio Juris 17 (4):501-520.
    Hart's and Kelsen's respective outlooks on the concept of normativity not only differ by the way they explain this concept but also, more importantly, in what they seek to achieve when endeavouring to account for the normative dimension of law. By examining Hart's and Kelsen's models in the light of Korsgaard's understanding of the “normativity problem,” my aim is to emphasise not only their contrasted perspectives, but also the common limit they impose on their theories by dismissing as inappropriate any (...)
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  • Notes . Discussion . Book reviews Hans Kelsen on Norm and language.William E. Conklin - 2006 - Ratio Juris 19 (1):101-126.
    This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is (...)
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