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Functionalism in Legal Sociology
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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?

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

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

    <p>A socio-economic problem.</p> Signup and view all the answers

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

    <p>All of the above</p> Signup and view all the answers

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

    <p>It would make comparative analysis redundant</p> Signup and view all the answers

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

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

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

    <p>To increase certainty in an uncertain world</p> Signup and view all the answers

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

    <p>To emphasize the commonalities of people from different backgrounds</p> Signup and view all the answers

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