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In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
This book investigates whether legal monism, specifically under the primacy of international law, provides a superior framework for resolving normative conflicts between distinct legal systems. Paul Gragl, a scholar of legal theory, utilizes the Pure Theory of Law from the Vienna School of Jurisprudence to construct his argument. He synthesizes philosophical, epistemological, and political evidence to challenge the prevailing theories of dualism and pluralism. The author posits that monism is the only framework that maintains the integrity of legal validity in an increasingly fragmented international order.
What You Will Find
Scope Limits
Scholars and legal theorists recognize this work as a significant contribution to the revival of monist discourse within modern jurisprudence. Readers frequently note the academic density of the prose, which serves as a rigorous resource for interdisciplinary researchers and practitioners of international law.
Page Count:
0
Publication Date:
2017-01-01
Publisher:
Oxford University Press
ISBN-10:
0191837334
ISBN-13:
9780191837333
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