Monist


Also found in: Dictionary, Thesaurus, Medical, Encyclopedia, Wikipedia.

Monist

A legal scholar or a jurisdiction following the theory that domestic and international law form a complete whole. That is, monist courts are required to enforce international law when it contradicts municipal law. For example, when a treaty becomes the law of the land upon passage, the legislature does not have to change contradictory laws because the treaty does so already. The United States has a monist state because its Constitution states that treaties are the law of the land upon ratification. See also: Dualism.
Mentioned in ?
References in periodicals archive ?
Public reason thus turns out to rest on distinctly monist premises.
Bolivia adheres to the monist conception, and thus, an international agreement needs to be ratified by statute in order for it to enter into force.
monist legal theory is when the judge apply national legislation in the interpretation process, the judge can take the best option that conform to the international law.
And even then, there can be stimulus control of ontological verbal behavior, such as when someone is a monist in science, but a dualist in church.
Hargrove counters this classification of valuing in "Weak Anthropocentric Intrinsic Value," The Monist 75 (1992) 183-207; Hargrove judges Callicott's position as "overly subjective" in part because some values are the product of cultural evolution that serve as foundations for individuals.
8) In recent years, however, there has been a definite revival of monist thought in the American international law academy.
Given the monist system Mexico follows, human rights treaties in force in the Republic are part of the laws that specify the limits of the State's behavior.
Fletcher, "The Right to Life," The Monist 63 (1980):135-55; Andrew Ashworth, "Self-Defence and the Right to Life," Cambridge Law Journal 34, no.
While it is not unlikely that Ibn al-[subset]Arabi took the term thubut from the Mu[subset]tazila, it is obvious that his a[subset]yan thabita, in the context of his monist system wh ich views the world as an unfolding of the divine essence, have quite a different, ontological significance than the knowable, but non-existent things in the strictly creationist system of the Mu[subset]tazila.
For an account of Being and Time that begins with, and assumes throughout, a threefold categorisation of being, see Robert Brandom, "Heidegger's Categories in Being and Time," The Monist vol.
But he finds a major fault in Plantinga's failure to recognize "that, at least for the monist, all human experience, and, hence all human possibility is inextricably interwoven with the fabric of the material, created order" (173).
He observes that American parapsychologists tend to have a dualist philosophical outlook, whereas the French tend to adopt a more monist approach, which may lead them to be more receptive to such quasi-physical hypothetical entities as "bio-fields.