The Pure Theory of Law and Legal Monism – Epistemological Truth and Empirical Plausibility
(2015) 70 Zeitschrift für öffentliches Recht, 665-736
55 Pages Posted: 16 Jan 2016
Date Written: January 14, 2016
Abstract
This contribution examines the epistemological foundations of legal monism, as theorized by the Vienna School of Jurisprudence and its leading proponents, in particular on the basis of its crucial elements: the Grundnorm, the hierarchy of norms, and the unity of the law. Subsequently, the theory of legal monism will be discussed and defended against dualism and pluralism by assessing its plausibility and explanatory power in describing the trigonal relationship between national law, European Union law, and public international law.
Keywords: legal theory, public international law, European Union law, monism, Pure Theory of Law
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