Abstract

The status and nature of the state have been the traditional source of claims about the reality of supra-individual social entities. Kelsen was the dissolver of this problematic, by asserting the identity of state and law, and asserting that law was the authorized actions of individuals. But this required an account of the origin of law itself. He traced this to pre-state law, and the normative order of retribution, which he explained as part of a primitive mentality that depended on an undeveloped ego and conceived causality collectively and magically, to include the dead and nature. The casually responsible individual as understood in modern law resulted from the overcoming of these notions.