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A Comparative Study, United States/France, Of The Impact Of Functionalism As A New Choice Of Law Process To Determine The Law Governing International Contracts, Anne Schiellein

LLM Theses and Essays

This thesis compares the evolution of law theory in the United States and France, focusing the notions of functionalism and conceptualism respectively. There is an emphasis on the independent development of both approaches originating from a need to resolve issues pertaining to conflicting law problems and societal needs. The thesis also highlights that the continual practice of both theories is not independent and summarizes the notion that “functionalism can be an answer where conceptualism fails to provide a solution” to establish that comparing the impact of functionalism as a new choice of law process to determine the law governing international …