Center on Global Governance
My target in this article is a set of views that I shall call the functionalist perspective of comparative law. Of course, the word "functionalist" stands for a number of different theories. In order to be precise about the view that I oppose, I shall set my sights on the arguments developed in Otto Kahn-Freund's inaugural lecture Comparative Law as an Academic Subject, published two decades ago.
George P. Fletcher,
The Universal and the Particular in Legal Discourses,
BYU L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1070