Looking Behind the Façade of Monism, Dualism and Pluralism

KFG Working Paper No. 59 | January 2023

25 Pages Posted: 30 Mar 2023

Date Written: January 2023


The relationship between domestic and international law is generally conceptualized through the lens of three notions: monism, dualism and legal pluralism. Scholars refer to these concepts as a whole, while however often only meaning one aspect of the relationship. This can somewhat distort the discussion. This chapter thus offers an alternative way of engaging with the relationship between legal spaces. It disentangles the different aspects that are relevant for theorizing how we understand this relationship. Regarding the analytical dimension of this relationship, the chapter outlines how the three concepts engage with the (apparent) dichotomies of unity or plurality of law(s), autonomy or intertwinement and hierarchy or heterarchy of legal spaces. The normative dimension is shaped, in particular, by questions pertaining to the notion of law as well as by values such as coherence and diversity and their impact on resolving conflicts between norms stemming from different legal spaces.

Suggested Citation

Burchardt, Dana, Looking Behind the Façade of Monism, Dualism and Pluralism (January 2023). KFG Working Paper No. 59 | January 2023, Available at SSRN: https://ssrn.com/abstract=4326862

Dana Burchardt (Contact Author)

Freie Universität Berlin ( email )

Van't-Hoff-Str. 8
Berlin, Berlin 14195

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
PlumX Metrics