Chapter

The Moral Appeal of Legal Monism

Paul Gragl

in Legal Monism

Published in print March 2018 | ISBN: 9780198796268
Published online May 2018 | e-ISBN: 9780191837333 | DOI: https://dx.doi.org/10.1093/oso/9780198796268.003.0005

Series: International Law and Domestic Legal Orders

The Moral Appeal of Legal Monism

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  • Public International Law
  • EU Law

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This chapter looks beyond the mere epistemological and descriptive horizon of legal monism and enquires as to what follows from a unitary view of the law in normative sense. Furthermore, this necessitates the question of whether monism is indeed capable of improving the law as it is, and if the answer is yes, in what way it can achieve this goal. It will be argued that especially regarding international law, the pure theory of law is very open to extra-legal elements, namely in three distinct areas, which will also form the main sections of this chapter: ideological criticism; democracy (as well as constitutional review); and pacifism (as well as cosmopolitanism).

Keywords: ideological criticism; natural law; democracy; constitutional review; pacifism; cosmopolitanism; constructivism; international relations; Kant

Chapter.  24004 words. 

Subjects: Public International Law ; EU Law

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