2.6 Comparison among Major Families of Law

The great table (the exam's synthesis): The face Common law Civil law Socialist law Religious law(Hindu/Islamic) The source's primacy The case-law (precedent) The code (legislation) The legislation + the party's policy The revelation + the tradition The judge's role The law-maker The law's applier The policy's instrument The law's interpreter (the jurists' craft) The procedure The adversarial The inquisitorial The inquisitorial + the political The traditional-and- religious The legal style The case-specific (inductive) The abstract (deductive) The teleological (purposeful) The casuistic-and- ethical The legal change The gradual (case-by-case) The legislative (code reforms) The political (the plan's shifts) The interpretive (within the revelation) The ideology The judicial-craft liberalism The legislative- rational state The socialist transformation The divine order The comparison's lessons (the craft's marks): the families' convergence (the modern mixed systems — the common law's legislation growth; the civil law's precedent practice; the socialist- market hybrids; the religious laws' codifications); the hybridity's reality (the "pure" family as the ideal-type — the real systems mixing); Nepal's own position (the mixed system: the civil-law trunk + the common-law procedures + the Hindu-law substrate + the modern-international overlays — the four families' meeting-point as the Unit 4's Nepali story's preview). Exam Focus Long questions (the unit is the paper's core): (i) The common law system's full craft (the origin-features-sources + the Nepal impact); (ii)…