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    Shambel

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    Esubalew Enquahone
    This document provides an overview of the legal framework in Ethiopia. It discusses several key points: 1) It analyzes the unity and diversity of Ethiopian and African laws, and discusses legal pluralism in Ethiopia. 2) It compares the advantages and disadvantages of legal transplantation in Ethiopia's legal system. 3) It analyzes Ethiopia's federal legal system and discusses the laws of its regions. The document also provides context on common features of African legal traditions, how customs are ascertained, and the influence of Islam and Christianity on African laws. It notes that customary laws historically governed African societies and focused on dispute resolution rather than attribution of rights.

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    Shambel

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    Esubalew Enquahone
    37 views3 pages
    This document provides an overview of the legal framework in Ethiopia. It discusses several key points: 1) It analyzes the unity and diversity of Ethiopian and African laws, and discusses legal pluralism in Ethiopia. 2) It compares the advantages and disadvantages of legal transplantation in Ethiopia's legal system. 3) It analyzes Ethiopia's federal legal system and discusses the laws of its regions. The document also provides context on common features of African legal traditions, how customs are ascertained, and the influence of Islam and Christianity on African laws. It notes that customary laws historically governed African societies and focused on dispute resolution rather than attribution of rights.

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    This document provides an overview of the legal framework in Ethiopia. It discusses several key points: 1) It analyzes the unity and diversity of Ethiopian and African laws, and discusses legal pluralism in Ethiopia. 2) It compares the advantages and disadvantages of legal transplantation in Ethiopia's legal system. 3) It analyzes Ethiopia's federal legal system and discusses the laws of its regions. The document also provides context on common features of African legal traditions, how customs are ascertained, and the influence of Islam and Christianity on African laws. It notes that customary laws historically governed African societies and focused on dispute resolution rather than attribution of rights.

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    © All Rights Reserved
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    37 views3 pages

    Shambel

    Uploaded by

    Esubalew Enquahone
    This document provides an overview of the legal framework in Ethiopia. It discusses several key points: 1) It analyzes the unity and diversity of Ethiopian and African laws, and discusses legal pluralism in Ethiopia. 2) It compares the advantages and disadvantages of legal transplantation in Ethiopia's legal system. 3) It analyzes Ethiopia's federal legal system and discusses the laws of its regions. The document also provides context on common features of African legal traditions, how customs are ascertained, and the influence of Islam and Christianity on African laws. It notes that customary laws historically governed African societies and focused on dispute resolution rather than attribution of rights.

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    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?

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