Well I'm picking out the differences in social structure.
>What are the essential
>themes and motifs? Cynical political use of religion? Unfair,
>inconsistent, division of rights? Dictatorship of custom? It
>could be almost anywhere really!
True. However the way in which those themes manifest depends on the social structure and the flaws within it.
>[I have also just decided that I like the idea that There Is Always
>Another Way could lead to some pretty rubbish systems of legislation
>and precedence - rife with exceptional circumstances. This sort of
>thing might be okay for a clan but may not be ideal for a kingdom.]
Precedence as it exists in modern law would be incomprehensible to Orlanthi and Ernaldans. No chief is bound to follow the ruling made in a previous case. He doesn't have to find a difference which makes the earlier ruling inapplicable he just disagrees and rules the other way.
Certainly it isn't an ideal system. There's no attempt to separate politics and law and there's no means of changing the law. On the plus side there is continual public scrutiny of the decisions and the means for ordinary clansfolk to influence decisions.
-- Donald Oddy http://www.grove.demon.co.uk/
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