Legal Monism

Paul Gragl, Senior Lecturer/Associate Professor, Queen Mary, University of London

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.

INTRODUCTION
1. The Principal Question
2. Framing the Problem
3. A Theoretical Analysis of Legal Monism: The Scope of this Book
THEORIZING THE RELATIONSHIP BETWEEN DIFFERENT BODIES OF LAW
1. Legal Monism
2. Legal Dualism
3. Legal Pluralism
4. Conclusions
THE EPISTEMOLOGICAL NECESSITY OF LEGAL MONISM
1. Introduction
2. Legal Epistemology and the Synthetic A Priori of Law: Kantian and Neo-Kantian Sources
3. The Grundnorm
4. The Hierarchy of Norms
5. Legal Monism: The Necessary Unity of National and International Law
6. Legal Monism: Critique and Rebuttal
7. Conclusion: An Overall Appraisal
THE DESCRIPTIVE VALUE OF LEGAL MONOISM
1. Introduction: On Verifiability
2. National Law and International Law
3. National Law and European Union Law
THE MORAL APPEAL OF LEGAL MONOISM
1. Introduction: Beyond Epistemology and Description
2. Ideological Criticism and Legal Monism
3. Democracy and Legal Monism
4. Pacifism, Cosmopolitanism, and Legal Monism
5. Appraisal
CONCLUSION
1. The Principal Question Answered
2. Findings of this Book
3. Monism in Our Times