The metaphorical aspect of Hans Kelsen's pure theory of law

Abstract

The article examines the cognitive, metaphorical dimension of the pure theory of law and demonstrates that Hans Kelsen used metaphorical language in his description of law, and unintentionally created a unique set of cognitive metaphors in order to make the theory of law focused on the abstract "Ought" world comprehensible. The paper argues that it would be impossible for Kelsen to describe norms without metaphors. The paper uses Lakoff and Johnson's theory as a framework for the interpretation of this metaphorical aspect of the pure theory of law. Hence the following paragraphs will examine the cognitive context of the abstract categories crucial for the pure theory of law, such as: The category of Ought, imputation, basic norms and the dynamic (hierarchical) structure of law. This article is based on the position that an analysis of the cognitive dimension of the pure theory of law might yield promising results which could reveal new aspects of the central categories in this theory. This article is an attempt to explore the possibilities provided by merging these two theories and checking if the results brings some new knowledge about the pure theory of law and legal thinking in general.