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Functionalism in Legal Sociology

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Questions and Answers

What is the main advantage of using the functional method in legal research?

It excludes non-western countries from the analysis for better accuracy.

It allows for comparability between legal systems based on shared purposes. (correct)

It focuses solely on the stage of legal development in each country.

It ensures that all legal systems are identical in their rules.

What is one limitation set by functionalism in legal research?

It requires all legal systems to be in the same stage of legal, political, and economic development. (correct)

Incomparable units that do not fulfill the same function can always be compared.

Functionalism does not require comparability between different legal systems.

Non-western countries can be compared with Western countries.

What does functionalism help legal sociologists understand?

How to apply ancient legal doctrines in modern settings.

The historic evolution of non-western legal systems.

The way legal rules function in the real world. (correct)

The exclusivity of comparing only western countries.

Why does functionalism require comparability between different legal systems?

To allow for comparing based on shared purposes and functions. Signup and view all the answers

What should be the starting point for using functionalism in legal research?

A socio-economic problem. Signup and view all the answers

What is one reason why certain areas of law are seen as less suitable for comparative analysis?

All of the above Signup and view all the answers

Why is complete uniformity in legal rules viewed as problematic for comparative law?

It would make comparative analysis redundant Signup and view all the answers

What is the relationship between functionalism and universalism in comparative law?

A functional uniformity can be more important than formal rules, so they complement each other Signup and view all the answers

What is one potential reason for the pursuit of universalism, according to the text?

To increase certainty in an uncertain world Signup and view all the answers

After the Second World War, what motivation is suggested for the pursuit of universalism?

To emphasize the commonalities of people from different backgrounds Signup and view all the answers