JOURNAL ARTICLE

Taking Dworkin's Legal Monism Seriously.

  • Published In: European Journal of International Law, 2024, v. 35, n. 2. P. 479 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Bustamante, Thomas 3 of 3

Abstract

This review essay critically examines Cormac Mac Amhlaigh's *New Constitutional Horizons*, focusing on his pluralistic analytic legal theory addressing the individuation of legal systems amid transnational law and his pluralistic account of constitutionalism as an interpretive concept. While endorsing Mac Amhlaigh's interpretive, Dworkinian approach to constitutionalism and the unity of political values, the essay challenges his analytic legal theory's commitment to legal pluralism. It argues that Mac Amhlaigh's reliance on a positivist, criterial methodology to individuate legal systems conflicts with Ronald Dworkin's thesis of the unity of value, which supports a monistic jurisprudence viewing municipal and international law as integrated parts of a single normative order. The essay further situates this debate within the Hart-Kelsen discourse on legal monism, contending that Dworkin's circular monism offers a more coherent and plausible framework than Kelsen's linear monism or Hart's pluralism, especially regarding the legitimacy and interpretation of transnational legal authority.

Additional Information

  • Source:European Journal of International Law. 2024/05, Vol. 35, Issue 2, p479
  • Document Type:Article
  • Subject Area:Literature and Writing
  • Publication Date:2024
  • ISSN:0938-5428
  • DOI:10.1093/ejil/chae021
  • Accession Number:179042578
  • Copyright Statement:Copyright of European Journal of International Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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