The Comparative Method

Abstract

This chapter examines the methods used in comparative law. Today, functional comparison is considered the classic form of comparative law. The vast majority of comparative studies follow this method and the quality of any given comparative law study is often judged according to its principles. According to Zweigert and Kötz, the fundamental principle of comparative law is functionalism, according to which only law which fulfills the same function can be compared. At its core, this straightforward approach provides an exemplary description of the essential components of any individual comparison between two developed legal systems. However, attacks on the functional method has been increasing for decades. The chapter then describes these critiques and the alternatives they propose.