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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.
Can the revival of legal monism resolve the escalating normative conflicts between international law, European Union law, and domestic legal systems? Paul Gragl, a scholar specializing in European and international law, utilizes the framework of the Vienna School of Jurisprudence to argue for the primacy of international law. By synthesizing epistemological, moral, and political arguments, the author contends that monism provides the only coherent basis for maintaining legal validity in an increasingly fragmented global order.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a significant contribution to the revival of monist theory within contemporary jurisprudence. The text is noted for its high level of academic density and its rigorous application of Kelsenian legal principles to modern international relations.
Page Count:
360
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
019251606X
ISBN-13:
9780192516060
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