Legal Monism: Law, Philosophy, and Politics

Administrative / Constitutional Law

Legal Monism: Law, Philosophy, and Politics

By Paul Gragl
Oxford University Press March 2018

Specifications

ISBN-13
9780198796268
Publisher
Oxford University Press
Publication
March 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.

  • The first comprehensive monograph on legal monism
  • Offers practitioners and policy-makers alternative methods of dealing with current problems
  • Engagement with philosophical, epistemological, legal, moral, and political arguments makes it appealing to inter-disciplinary scholars

Table of Contents

INTRODUCTION
1: The Principal Question
2: Framing the Problem
3: A Theoretical Analysis of Legal Monism: The Scope of this Book
THEORIZING THE RELATIONSHIP BETWEEN DIFFERENT BODIES OF LAW
1: Legal Monism
2: Legal Dualism
3: Legal Pluralism
4: Conclusions
THE EPISTEMOLOGICAL NECESSITY OF LEGAL MONISM
1: Introduction
2: Legal Epistemology and the Synthetic A Priori of Law: Kantian and Neo-Kantian Sources
3: The Grundnorm
4: The Hierarchy of Norms
5: Legal Monism: The Necessary Unity of National and International Law
6: Legal Monism: Critique and Rebuttal
7: Conclusion: An Overall Appraisal
THE DESCRIPTIVE VALUE OF LEGAL MONOISM
1: Introduction: On Verifiability
2: National Law and International Law
3: National Law and European Union Law
THE MORAL APPEAL OF LEGAL MONOISM
1: Introduction: Beyond Epistemology and Description
2: Ideological Criticism and Legal Monism
3: Democracy and Legal Monism
4: Pacifism, Cosmopolitanism, and Legal Monism
5: Appraisal
CONCLUSION
1: The Principal Question Answered
2: Findings of this Book
3: Monism in Our Times
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