In a nutshell, functionalism starts on the premise that legal systems face similar problems for which they may take different measures yet in the end reach similar results. The common core method suggests that legal systems despite their prima facie diversity share a common core. So both methods are based on the idea that legal systems are not completely singular but have their commonalities. Continue reading
In order to facilitate reading my posts, I have changed the theme of CompareLex. The content is still the same. Happy reading!
As I mentioned in my previous post, the Common Core Project is based on a method that was developed and first implemented in the 1960s by Rudolf Schlesinger. In 1957, Schlesinger published an article Research on the General Principles of Law Recognized by Civilized Nations in which he first presented his idea of finding out the common core of the legal systems of the world. He argued that the term general principles of law recognized by civilized nations (general principles) was relevant in many aspects of law ranging from international statutes (e.g. the statute of the International Court of Justice refers to the general principles) to court decisions (e.g. when it comes to the public policy doctrine). It was therefore important to find commonalities among the legal systems – a common core. Continue reading