Skip to main content
Article
A Dialogue on Comparative Functionalism
Maastricht Journal of European and Comparative Law (2011)
  • Jan M Smits, Maastricht University
  • Jaakko Husa, University of Lapland
Abstract
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.
Keywords
  • Functionalist method,
  • comparative law
Publication Date
2011
Citation Information
Jan 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/