01 December 2011

NOTICE: Husa and Smits on Comparative Functionalism

The following 'Dialogue on Comparative Functionalism' between (member) Jaakko Husa and Jan Smits may be of interest:

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.

Members would do well to look at the authors' other publications on SSRN.

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