UNIT EIGHT: LEGAL FRAMEWORK IN ETHIOPIA

UNIT OBJECTIVES
1. analyse the unity and diversity of Ethiopian laws and
African laws;
2. discuss the legal pluralism;
3. compare and contrast the advantages and disadvantages
of legal
4. transplantation in Ethiopian legal system;
5. analyse the federal legal system of Ethiopia;
6. discuss the laws of Regions;
7. apply the rules in practice.
8.1) GENERAL SURVEY OF COMMON FEATURES IN AFRICAN
LEGAL
TRADITION: ETHIOPIA IN FOCUS
The parts of Africa south of the Sahara-“black” Africa, Ethiopia, Somaliland, the Sudan

and Madagascar- were ruled for centuries by their own ancestral customary laws.

Obedience to custom was generally spontaneous since it was thought that one was

obliged to live as one’s ancestors had; the fear of supernatural powers and of group

opinion were most often sufficient to assure a respect for the traditional way of life. The

social system had means for the resolution of disputes or the creation of new rules of
conduct when new circumstances created fresh problems for the community in question.

How African life is lead?

In the African mind, ancestral custom is linked to a mystical order of the universe. To

obey custom is to pay respect to one’s ancestors whose remains are fused with the soil

and whose spirits watch over the living. Violations of custom will release unknown by

certainly unfavourable consequences in a world where forces natural and super natural,

person’s behaviour and the movements of nature are all linked

What are the procedural peculiarities of African custom and

law?
Consider what happens when someone is accused of having violated custom or when

there are some kinds of disputes. Disputes are resolved according to the customary laws

in Africa. Hence, we do not find substantive rules that are applicable to Justice. Justice

will not always consist of what we know as applicable substantive rules. Here what is

important is to bring about an amicable settlement between the parties rather than to see

to the enforcement of their “rights”; the end in view is not to attribute to each his due

“Justice” in the African context consists, above all, in assuring whatever is necessary for

the cohesion of the group and resorting peace and understanding among its members.

How do we ascertain customs of African society?

Customs in Africa are different from European countries. The social order is governed by

custom. Thus, customary laws are applicable in Africa side by side with laws enacted by

states. This indicates the existence of legal pluralism in Africa.

How much Islamic and Christian peoples influence African

laws?