CONCEPTUAL COMPARISONS: TOWARDS A

COHERENT METHODOLOGY OF
COMPARATIVE LEGAL STUDIES
Oliver Brand*
ABSTRACT
Functionalism is still the dominant method of comparative legal studies. This, however, is
not the case because functional analysis is particularly well suited for the needs of
comparatists, but because of a lack of alternatives. Comparative Law and Economics and
various “postmodern” approaches have failed to provide more viable solutions. The first part
of this Article examines the virtues and flaws of the respective methods. Under the heading
of Conceptual Comparisons, the second part introduces a new approach to comparative law.
It follows the lead of other comparative sciences, which have abandoned functionalism some
time ago and have replaced it with typological considerations. Conceptual Comparisons
adapts these considerations to the particular needs of legal research, thus opening new
avenues for the perception of law and its role in different legal systems.