Comparison of Major Legal Families; a Reference of Nepal

Abstract

Major legal system i.e. common legal system, civil legal system, socialist legal system, Islamic legal system and Hindu legal system are dominant across the globe to maintain law and justice. Initially all these legal systems had separate identity. But, these legal systems are operated in hybrid form sustaining their previous legacy to the large extent in contemporary time. Common legal system accepts precedent as a primary source of law whereas civil legal system doesn’t recognize it. As a philosophical thought, Islamic and Hindu religions are based on their religious scriptures and practices. Nowadays religious philosophies are amalgam either with common law or civil law or socialist legal system. Because of the globalization, it is expected that the legal system of the world is going toward homogeneity rather than heterogeneity. Uniformity is expected out of heterogeneity concept of world legal system. International law and multilateral agencies supported to unify the world legal system. There is the unification and harmonization process of the world legal system. In a long run, the world communities are going to follow similar principles but the sanction provision may vary from country to country in upcoming era of legal regime. Legal system is necessary to follow by the application of consensus approach. Better practices can be adopted and received or interchanged from all kinds of legal system for the betterment of own legal system.