The functional and the dysfunctional in the comparative method of law: some critical remarks

2.50
Hdl Handle:
http://hdl.handle.net/10545/293081
Title:
The functional and the dysfunctional in the comparative method of law: some critical remarks
Authors:
Platsas, Antonios E.
Abstract:
This contribution explores the leading principle in the comparative method of law: functionality of comparisons. The principle is defined, conditioned and analysed. In particular, the author wishes to maintain with this article the orthodox approach when it comes to understanding the principle of functionality for the comparative method. The article’s analysis proceeds with an examination of whether functionality is concerned with similarities and/or differences. The author suggests that it is possible that functionality can operate for the identification of differences and the identification of similarities, the stress being on the latter. The article then argues that functionality serves as a common, unifying and mutually intelligible denominator amongst comparative lawyers around the world, even though not necessarily in a dogmatic fashion. Furthermore, the author of this contribution notes the evolution of the principle in question, its strengths as well as its main criticisms, which are also presented herein. The article concludes that functionality remains the epicentre of the comparative method of law and that its drawbacks remind us that the principle is susceptible to further refinement in the future.
Affiliation:
University of Derby
Citation:
AE Platsas, 'The Functional and the Dysfunctional in the Comparative Method of Law: Some Critical Remarks' (December 2008) vol. 12.3 Electronic Journal of Comparative Law.
Publisher:
Maastricht University - Tilburg University - University of Utrecht
Journal:
Electronic Journal of Comparative Law
Issue Date:
Dec-2008
URI:
http://hdl.handle.net/10545/293081
Additional Links:
http://www.ejcl.org/123/art123-3.pdf
Type:
Article
Language:
en
ISSN:
1387-3091
Appears in Collections:
The Law in Society Research Group; Derby Law School

Full metadata record

DC FieldValue Language
dc.contributor.authorPlatsas, Antonios E.en_GB
dc.date.accessioned2013-05-30T13:12:13Z-
dc.date.available2013-05-30T13:12:13Z-
dc.date.issued2008-12-
dc.identifier.citationAE Platsas, 'The Functional and the Dysfunctional in the Comparative Method of Law: Some Critical Remarks' (December 2008) vol. 12.3 Electronic Journal of Comparative Law.en_GB
dc.identifier.issn1387-3091-
dc.identifier.urihttp://hdl.handle.net/10545/293081-
dc.description.abstractThis contribution explores the leading principle in the comparative method of law: functionality of comparisons. The principle is defined, conditioned and analysed. In particular, the author wishes to maintain with this article the orthodox approach when it comes to understanding the principle of functionality for the comparative method. The article’s analysis proceeds with an examination of whether functionality is concerned with similarities and/or differences. The author suggests that it is possible that functionality can operate for the identification of differences and the identification of similarities, the stress being on the latter. The article then argues that functionality serves as a common, unifying and mutually intelligible denominator amongst comparative lawyers around the world, even though not necessarily in a dogmatic fashion. Furthermore, the author of this contribution notes the evolution of the principle in question, its strengths as well as its main criticisms, which are also presented herein. The article concludes that functionality remains the epicentre of the comparative method of law and that its drawbacks remind us that the principle is susceptible to further refinement in the future.en_GB
dc.language.isoenen
dc.publisherMaastricht University - Tilburg University - University of Utrechten_GB
dc.relation.urlhttp://www.ejcl.org/123/art123-3.pdfen_GB
dc.subjectComparative lawen_GB
dc.subjectComparative method-
dc.subjectFunctionality-
dc.subjectContextualism-
dc.titleThe functional and the dysfunctional in the comparative method of law: some critical remarksen
dc.typeArticleen
dc.contributor.departmentUniversity of Derbyen_GB
dc.identifier.journalElectronic Journal of Comparative Lawen_GB
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