The imputation term
Keywords:
penal law, Humboldt, imputationAbstract
In his book Hauptprobleme der Staatsraechtslehre , Kelsen seeks to show that the psychological concept of will is not applicable to the normative sciences, be they ethical or legal. For these sciences - this is the result he arrives at - the will is nothing other than the "term of normative imputation" that goes back to a person and stops there. Kelsen is of the opinion that with this verification the controversy between determinism and indeterminism disappears, and he even establishes the hypothesis that the concept of the will originates in the normative sphere, and that from it it has been transferred to the explanatory sphere of psychology. Kelsen believes to find support for his hypothesis in the "heterogeneous" psychological theory of the will, according to which the will is not a primary element of mental life, but only a product of other psychic factors.
Author Biography
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James Goldschmidt, Universidad Humboldt de Berlín
German jurist who made important contributions to the development of German criminal law and criminal procedure. Of Ashkenazi Jewish origin, Goldschmidt was a professor at the Humboldt University of Berlin from 1919 until his recusal in 1934 due to the racial policies of Nazi Germany. In 1938 he moved to the United Kingdom and in 1940 to Uruguay, where he died.
Reference
James Goldschmidt (March 19, 2020). On Wikipedia. https://es.wikipedia.org/wiki/James_Goldschmidt
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