The Functional Approach in Comparative Socio-Legal Research: Reflections Based on a Study of Plural Work Regulation in Australia and Indonesia

Main author: Mahy, Petra
Format: Journal Article           
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id eprints-22232
recordtype eprints
institution SOAS, University of London
collection SOAS Research Online
language English
language_search English
description This article examines the potential use and limits of Zweigert and Kötz’ classical functional approach in comparative law for an empirical socio-legal research project. The project involves a comparison of the formal labour laws and informal norms and institutions which regulate restaurant work in the cities of Melbourne, Australia and Yogyakarta, Indonesia. The article argues that the functional approach is a necessary but incomplete method for overcoming the many issues of comparability between the two research sites; the method requires both extension of its analytical steps and explicit explanation of its limitations.
format Journal Article
author Mahy, Petra
author_facet Mahy, Petra
authorStr Mahy, Petra
author_letter Mahy, Petra
title The Functional Approach in Comparative Socio-Legal Research: Reflections Based on a Study of Plural Work Regulation in Australia and Indonesia
publisher Cambridge University Press
publishDate 2016
url https://eprints.soas.ac.uk/22232/