It is one of the aims of this book to challenge traditional comparative law and promote alternative approaches. Yet, to start with, it is useful to discuss the ‘comparative legal method’ of traditional comparative law in some detail. For this reason, Section A of this chapter outlines how, according to traditional comparatists, a comparative legal analysis should be conducted. Section B focuses on two of the most important concepts on which this method is based: functionalism and universalism. A critical analysis follows in Section C, and Section D concludes. Examples will be provided throughout this chapter, in particular from topics of private law as these feature most prominently in this approach to comparative law.
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