Beyond the Kelsenian Frame: The Ghost of Subjectivity in Judicial Decisions
Law, Culture and the Humanities
Published online on May 07, 2026
Abstract
Law, Culture and the Humanities, Ahead of Print.
This article investigates the influence of judicial subjectivity on legal decisions, establishing an interdisciplinary dialogue between legal theory and cognitive psychology. While legal positivism, particularly Hans Kelsen’s “Pure Theory of Law,” ...
This article investigates the influence of judicial subjectivity on legal decisions, establishing an interdisciplinary dialogue between legal theory and cognitive psychology. While legal positivism, particularly Hans Kelsen’s “Pure Theory of Law,” ...