Legal Monism

Law, Philosophy, and Politics
Erscheinungsjahr 2018
ISBN: 978-0-19-879626-8
Verlag: Oxford University Press(UK)

Buch, Englisch, 408 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 775 g

Reihe: International Law and Domestic Legal Orders

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.

Autoren/Hrsg.

Gragl, Paul

Fachgebiete

• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik

Über Autor(innen)

Dr Paul Gragl joined Queen Mary, University of London, in 2013. Prior to arriving at Queen Mary, he worked as a Teaching and Research Fellow at the Institute of International Law and International Relations of the University of Graz, Austria (2010-2012), where he also completed his doctoral thesis on EU accession to the European Convention on Human Rights (ECHR). From 2012 to 2013, he held the post of Research Fellow at City University London, starting his current
research on the relationship between legal orders, especially between public international law, EU law, and national law. His other research interests include legal theory, EU constitutional law, EU fundamental rights law, the relationship between the law of the EU and the ECHR as well as between EU
law and Member State law, public international law, and legal philosophy.