2.3 Comparative Research Approach

The approach: law's study across systems — the juxtaposition that reveals each system's own logic and the alternatives' possibility (the comparative law course's own method — Semester 3's Comparative Law). The method: the macro-comparison (the legal families' contrast — the common-law/civil-law/hybrid worlds) and the micro-comparison (the institution's detail — Nepal's bail rules vs India's; the family-law chapters across South Asia); the functional method (the famous question: how does each system solve the same problem? — comparatio's golden rule); the legal-transplant analysis (the borrowed rule's fate in the new soil). The strengths: the reform's menu (the options' catalogue for the legislator), the interpretation's aid (the foreign precedent's persuasive use), the understanding's mirror (the home law seen afresh). The limits: the comparability's traps (the false friends — same words, different worlds); the spectator's error (the foreign rule without its context); the data-access barriers. Nepali exam-anchors: the 2074 codes' comparative drafting (the civil-law models adapted); the Muluki Ain's own hybridity; the Indian-and-common-law inheritance (Contract law's chapters) beside the European-civilian imports.