A Dialogue on Comparative FunctionalismMaastricht Journal of European and Comparative Law (2011)
The use of the functional method when comparing legal systems remains debated, even to such an extent that some authors have discarded functionalism as a fruitful method. The two authors of this paper ask what we can still expect from functionalism. While Husa presents an argument in favor of rule-of-thumb functionalism, Smits claims that functionalism has a bright future if it is reshaped. The authors present their arguments by way of a dialogue that was written for the ‘Legal debates’-section of the Maastricht Journal of European and Comparative Law.
- Functionalist method,
- comparative law
Citation InformationJan M Smits and Jaakko Husa. "A Dialogue on Comparative Functionalism" Maastricht Journal of European and Comparative Law Vol. 18 (2011)
Available at: http://works.bepress.com/jan_smits/50/