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Legal MonismLaw, Philosophy, and Politics$
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Paul Gragl

Print publication date: 2018

Print ISBN-13: 9780198796268

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198796268.001.0001

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The Moral Appeal of Legal Monism

The Moral Appeal of Legal Monism

Chapter:
(p.291) 5 The Moral Appeal of Legal Monism
Source:
Legal Monism
Author(s):

Paul Gragl

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198796268.003.0005

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

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