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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 the most coherent framework for resolving normative conflicts between domestic and international legal orders. Paul Gragl, a scholar of jurisprudence, utilizes the framework of the Pure Theory of Law from the Vienna School to challenge the prevailing dominance of dualist and pluralist theories. By synthesizing epistemological, moral, and political arguments, the author asserts that monism is the only theory that maintains a consistent concept of legal validity across disparate jurisdictions.
What You Will Find
Scope Limits
Experts identify this work as a significant contribution to the revival of monist theory within modern jurisprudence. Readers frequently note the academic density of the prose, which is intended for inter-disciplinary scholars and legal practitioners.
Page Count:
407
Publication Date:
2018-01-01
Publisher:
OUP Oxford
ISBN-10:
0192516078
ISBN-13:
9780192516077
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