Monism

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Monism

The concept 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.
References in periodicals archive ?
This apparent paradox is explained in part by monist assumptions that enabled materialism to provide a basis for religious transcendence.
Philosophically speaking, materialism and pantheism were two sides of the same monist coin.
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.
As long as the techniques of behavior analysis are used appropriately, it is irrelevant whether at heart one is a dualist, monist, idealist, materialist, or any other-ist.
The monist view is that international and domestic law are part of the same legal order, international law is automatically incorporated into each nation's legal system, and international law is supreme over domestic law.
8) In recent years, however, there has been a definite revival of monist thought in the American international law academy.
Monists are faced with problems that appear more daunting due to their wholly physical accounting of the human person.
Another more significant criticism of monists is explaining an intermediate state between one's death and the general resurrection.
The Confucian philosophy of governance and world order is thus radically monist.
But as the inheritors of a monist political ideology that conceives of international order in fundamentally hierarchical terms, idealizes interstate order as tending toward universal hegemony or actual empire, and lacks a meaningful concept of coequal, legitimate sovereignties pursuant to which states may coexist over the long term in nonhierarchical relationships, modern Chinese statesmen would seem to carry heavy cultural "baggage" indeed.