Comparative Legal Tradition and Nepal: An Overview
19 Pages Posted: 30 Apr 2015
Date Written: April 30, 2015
Contemporary legal system of the world is not only globalized or universalized but also celestialsized. It is between technology and normative interdisciplinary concept. To solve the problem generated from it, comparative method has to apply. Comparative study of two or more than two legal systems for pedagogical purpose for the improvement of own legal system is comparative law. It compares not only the similarities or differences but also the strength or weakness of particular legal system. Legislative reasoning of comparative law is based on political and economic factor whereas judicial approach of comparative reasoning is based on problem solution and to settle out controversy. In terms of enactment of law, the effort of making national legislation after the understanding of foreign similar law is comparative law. Comparative law is the interdisciplinary approach of legal understanding.
Keywords: Comparative law, globalization, localization, oriental, occidental, historical, descriptive, legislative approach
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