Controlling the Police in Buenos Aires: A Case Study of Horizontal and Social Accountability

The article analyses the interaction between various forms of accountability on the basis of a case study of responses to the Federal Police of Argentina's practice of framing innocent victims. The failure of classic agencies of balance to establish accountability was compensated in this case by the creation of an ad hoc agency of oversight, an investigative commission established by the Attorney General, that interacted with social agents of accountability. The analysis points to the ambivalent role of the media in both supporting and exposing illegal police practices and shows that the cooperation between the commission and social actors was crucial to its success.     

Hans Kelsen's Doctrine of Imputation

First, the author examines the traditional doctrine of imputation. A look at the traditional doctrine is useful for establishing a point of departure in comparing Kelsen's doctrines of central and peripheral imputation. Second, the author turns to central imputation. Here Kelsen's doctrine follows the traditional doctrine in attributing liability or responsibility to the subject. Kelsen's legal subject, however, has been depersonalized and thus requires radical qualification. Third, the author takes up peripheral imputation, which is the main focus of the paper. It is argued that with respect to the basic form of the law, exhibited by the linking of legal condition with legal consequence, peripheral imputation counts as an austere doctrine, shorn as it is of all references to legal personality or the legal subject. If Kelsen's reconstructed legal norms are empowerments, then the austere doctrine of peripheral imputation captures the rudiments of their form, exactly what would be expected if peripheral imputation does indeed serve as the category of legal cognition. Finally, the author develops the puzzle surrounding the legal "ought" in this context. Although Kelsen talks at one point as though the legal "ought" were the peculiarly legal category, the author submits that this is not the best reading of Kelsen's texts.