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Legal Monism

Legal Monism PDF Author: Paul Gragl
Publisher: Oxford University Press
ISBN: 0198796269
Category : Law
Languages : en
Pages : 417

Book Description
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.

Legal Monism

Legal Monism PDF Author: Paul Gragl
Publisher: Oxford University Press
ISBN: 0198796269
Category : Law
Languages : en
Pages : 417

Book Description
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.

Legal Monism

Legal Monism PDF Author: Paul Gragl
Publisher: Oxford University Press
ISBN: 0192516078
Category : Law
Languages : en
Pages : 360

Book Description
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.

Hans Kelsen's Pure Theory of Law

Hans Kelsen's Pure Theory of Law PDF Author: Lars Vinx
Publisher: Oxford University Press on Demand
ISBN: 0199227950
Category : Law
Languages : en
Pages : 241

Book Description
By showing how Kelsen's theory of law works alongside his political philosophy, the book shows the Pure Theory to be part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.

The Philosophy of Law and Legal Science

The Philosophy of Law and Legal Science PDF Author: V.P. Salnikov
Publisher: Cambridge Scholars Publishing
ISBN: 152751787X
Category : Law
Languages : en
Pages : 280

Book Description
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.

Spinoza on Monism

Spinoza on Monism PDF Author: P. Goff
Publisher: Palgrave Macmillan
ISBN: 9780230279483
Category : Philosophy
Languages : en
Pages : 0

Book Description
Spinoza believed that there was only one substance in reality, which he called 'God or nature'. A number of leading contemporary philosophers have defended monism, this strange and beautiful idea that the cosmos is the source of all being. This book explores both the historical roots of the monism in Spinoza, and its flowering in the 21st century.

The Legal Monism of Alfred Verdross

The Legal Monism of Alfred Verdross PDF Author: Henry Janzen
Publisher:
ISBN:
Category : Monism
Languages : en
Pages : 16

Book Description


International Law as Law of the European Union

International Law as Law of the European Union PDF Author: Enzo Cannizzaro
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188576
Category : Law
Languages : en
Pages : 429

Book Description
With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.

Rethinking the Relationship between International, EU and National Law

Rethinking the Relationship between International, EU and National Law PDF Author: Lando Kirchmair
Publisher: Cambridge University Press
ISBN: 1009380168
Category : Law
Languages : en
Pages : 421

Book Description
In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.

National Law in WTO Law

National Law in WTO Law PDF Author: Sharif Bhuiyan
Publisher: Cambridge University Press
ISBN: 9780521175340
Category : Law
Languages : en
Pages : 0

Book Description
This book examines how national law is treated in WTO law, both in the WTO treaty and dispute settlement cases. The WTO treaty contains a set of far-reaching obligations establishing a systemic and constitutional framework of interaction between WTO law and national law. WTO dispute settlement operates as an international layer of judicial review of national laws and administrative, judicial or quasi-judicial measures. Consequently, much of the WTO dispute settlement decisions and rulings relate in different ways to Members' national laws. Yet, up until the publication of this book, there was no systematic analysis of this vastly important subject. This book provides a thorough map of an increasingly complex field. In doing so, it extends the enquiry beyond well-known formulas and combines practical analysis with principled discussion of how the treatment of national law in international law can and should ensure effectiveness of international rules and promote good governance within nation-states.

Research Handbook on Legal Pluralism and EU Law

Research Handbook on Legal Pluralism and EU Law PDF Author: Gareth Davies
Publisher: Edward Elgar Publishing
ISBN: 1786433095
Category :
Languages : en
Pages : 448

Book Description
The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.