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Article
Methodology of Comparative Law Today - From Paradoxes to Flexibility?
Revue internationale de droit comparé (2006)
  • Jaakko Husa
Abstract

This article criticizes overtly normative, rigid and paradoxical positions found within the methodological debate of comparative law and comparative legal studies today. The author studies possibilities for a new method by which to conceive the nature of methodology concerning comparative study of law. The article advocates for a common sense based flexible understanding of comparative late modern methodology. Both mainstream and non-mainstream methodologies are analyzed from a theoretical point of view. Methodological contradictions between these two are regarded to be artificial as to their foundational nature. The author makes suggestions for a more open way by which to conceive methodology, which is capable of evading some of the problems found at the extreme ends of the methodological debate between functionalistic and culturally/contextually-oriented schools of thought. This article suggests that all-or-nothing nature of methodological debate should be avoided because it is unrealistic and reflects poor self-image of comparative study of law.

Keywords
  • comparative law,
  • methodology,
  • functionalism,
  • contextualism
Disciplines
Publication Date
2006
Citation Information
Jaakko Husa. "Methodology of Comparative Law Today - From Paradoxes to Flexibility?" Revue internationale de droit comparé Vol. 58 Iss. 4 (2006)
Available at: http://works.bepress.com/jaakko_husa/19/