1 Reception of Law

Reception — the borrowing-and-transplanting of foreign law (Comparative Law's transplantation theory, Semester 3):1. Foreign reception (the Nepali map): - The Indian-and-Anglo reception: the procedure- and-judicial architecture (the 20th-century's codes' Anglo-Indian models: the old Contract Act 2023's Indian-contract lineage; the Evidence Act 2031's Evidence-Act-Indian design; the procedural inheritance), the case-law's influence (the Indian precedents' persuasive authority in the Nepali courts' reasoning — the constitutional cases especially); - The code-law'scontinental affinity: the Ain-to-2074 codification tradition's civil-law kinship (the French-and- German models' indirect reach via the Japanese-and-Indian codifications' mediations); - Theinternational-law reception: the treaties' incorporation (the dualist practice — PIL-I Unit 1's frame, Semester 3: the ratified treaties' implementing statutes; the courts' pro-treaty interpretation); the human-rights instruments' interpretive weight (the PIL-and-rights cases' CEDAW-CRC citations); - The development-and-technical laws' borrowing: the company, banking, insurance, IP, and environmental statutes' model-laws (the UNCITRAL-and-WIPO frames; the investment-law templates); - The transplantation's lessons (Watson's-and-Legrand's debate — Comparative Law's canon): the reception's success-conditions (the fit-with-context; the institutional capacity; the legal culture's digestion) — Nepal's own mixed record (the well-rooted codes vs. the ornamental statutes);2. Religious and cultural influence: the Hindu-law substrate's modern residue (the family law's shastric origins — the coparcenary-and-inheritance architecture's pre-2063 world; the festivals-and-rituals' legal incidents — the guthi's law); the Buddhist-and-animist customs' contributions (the community-forestry-and-commons traditions); the Islamic-and-religious- minority practices' accommodation (the personal-practice space within the…