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The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen

In Stanley L. Paulson (ed.), Normativity and Norms: Critical Perspectives on Kelsenian Themes. New York: Oxford University Press. pp. 195--219 (1998)

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(1 other version)Hans Kelsen's Concept of Normative Imputation.Peter Langford & Ian Bryan - 2013 - Ratio Juris 26 (1):85-110.details 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 (...) Download Export citation Bookmark 2 citations
(1 other version)Hans Kelsen's Concept of Normative Imputation.Ian Bryan Peter Langford - 2013 - Ratio Juris 26 (1):85-110.details 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 (...) Download Export citation Bookmark
On the continuity of the doctrine of the basic norm in Kelsen's Pure Theory of Law.Alexandre Travessoni Gomes Trivisonno - 2021 - Jurisprudence 12 (3):321-346.details The traditional and majoritarian view about Kelsen's doctrine of the basic norm has affirmed that Kelsen had drastically changed its philosophical status in the early 1960s, when he allegedly began... Download Export citation Bookmark
A Kantian Interpretation of Kelsen’s Basic Norm.Mario García Berger - 2020 - Ratio Juris 33 (1):35-48.details This paper proposes a reading of Kelsen’s basic norm based on Kant’s regulative ideas. I begin by exposing Kant’s conception of the principles of reason. Then I criticize an interpretation of the basic norm along the same lines made by Stanley Paulson. Thirdly I analyze two theses from Hermann Cohen that influenced Kelsen greatly and reinforce my stance on the basic norm. Lastly, I explain how the Kelsenian tenet that the basic norm is the transcendental grounding of the normativity of (...) Download Export citation Bookmark

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