Pub Date : 2020-12-31DOI: 10.14361/9783839450215-007
Melaku Abera
weaknesses of customary and formal legal systems to settle land disputes, which involve a large group of people. The findings show that both systems tried to settle the case on a number of occasions, but each time the disputants refused to accept the proposed settlement. The case also demonstrates the failure of joint dispute settlement by representatives from customary and formal legal systems to find a satisfactory way of resolving it. Although this problem is not widespread, it, however, shows there is a need for the two systems to work closely.
{"title":"6. The interplay of customary and formal legal systems among the Tulama Oromo","authors":"Melaku Abera","doi":"10.14361/9783839450215-007","DOIUrl":"https://doi.org/10.14361/9783839450215-007","url":null,"abstract":"weaknesses of customary and formal legal systems to settle land disputes, which involve a large group of people. The findings show that both systems tried to settle the case on a number of occasions, but each time the disputants refused to accept the proposed settlement. The case also demonstrates the failure of joint dispute settlement by representatives from customary and formal legal systems to find a satisfactory way of resolving it. Although this problem is not widespread, it, however, shows there is a need for the two systems to work closely.","PeriodicalId":357074,"journal":{"name":"Legal Pluralism in Ethiopia","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127226331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.14361/9783839450215-014
Andrea Nicolas
Thediscussion about legal pluralism is often framed by the state’s perspective. From this point of view, the state is in the centre and has to deal with the ‘problem’ of other legal systems, often subsumed under the generalizing term ‘customary law’ (e.g. Donovan and Getachew 2003:505), acting in ‘its realm’ (Griffiths 1986:1–7). Yet, these non-state legal systems often preceded state law historically, and may represent locally the legitimate heir of a legal tradition that used to be termed not ‘customary law’ but simply ‘the law’. Looking from the perspective of a local elder, senior lineage representative or individual affected by an on-going case rather than that of the court judge, advocate or government agent, state law may not be the primary focus or obvious choice for appeals; rather it represents one of several options or procedural variants ‘out there’ in an arena comprising both diverse regional institutions and authorities created by strangers (see Larcom 2013:205). So, when it comes to conceptions of the legal spheres, we always need to ask through whose eyes are they being perceived. Such an understanding also implies that state law cannot be taken to be the sole reference point for defining legal pluralism. In fact, legal pluralism is more than a binary situation of ‘state versus custom’ since there is rarely just one ‘custom’ at work, particularly in inter-ethnic settings and in settings comprising different religious traditions (see Pankhurst and Getachew 2008). Instead, there is a complex
{"title":"13. A matter perspective: Of transfers, switching, and cross-cutting legal procedures","authors":"Andrea Nicolas","doi":"10.14361/9783839450215-014","DOIUrl":"https://doi.org/10.14361/9783839450215-014","url":null,"abstract":"Thediscussion about legal pluralism is often framed by the state’s perspective. From this point of view, the state is in the centre and has to deal with the ‘problem’ of other legal systems, often subsumed under the generalizing term ‘customary law’ (e.g. Donovan and Getachew 2003:505), acting in ‘its realm’ (Griffiths 1986:1–7). Yet, these non-state legal systems often preceded state law historically, and may represent locally the legitimate heir of a legal tradition that used to be termed not ‘customary law’ but simply ‘the law’. Looking from the perspective of a local elder, senior lineage representative or individual affected by an on-going case rather than that of the court judge, advocate or government agent, state law may not be the primary focus or obvious choice for appeals; rather it represents one of several options or procedural variants ‘out there’ in an arena comprising both diverse regional institutions and authorities created by strangers (see Larcom 2013:205). So, when it comes to conceptions of the legal spheres, we always need to ask through whose eyes are they being perceived. Such an understanding also implies that state law cannot be taken to be the sole reference point for defining legal pluralism. In fact, legal pluralism is more than a binary situation of ‘state versus custom’ since there is rarely just one ‘custom’ at work, particularly in inter-ethnic settings and in settings comprising different religious traditions (see Pankhurst and Getachew 2008). Instead, there is a complex","PeriodicalId":357074,"journal":{"name":"Legal Pluralism in Ethiopia","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125519171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.14361/9783839450215-004
K. Kohl
Alongside the institutions of local, national and international law, the United Nations also plays an important role in currently on-going legal disputes in Ethiopia, as well as in other African nations, even though it does not want to interfere directly in the internal affairs of these states. Since its direct interventions are strictly limited to peace-building activities and involve long and complicated bureaucratic procedures, one of the UN’s preferred means of contributing to such and other disputes are through the declarations adopted by its General Assembly. These declarations have the character of recommendations and do not contain any legally binding obligations. In the terminology of the UN, they are only ‘documents of intent’. Nevertheless, they try to formulate some principles according to which legal decisions should be taken. This is the case with the UN ‘Declaration on the Rights of Indigenous Peoples’. As I will show, its primary intent was to grant more rights to the marginalized and long-disenfranchised indigenous peoples of the former European colonies in North and South America, Australia and New Zealand. But the extent to which its principles can also be applied to African societies remains a controversial point of discussion. On the one hand, the Declaration contains a moral appeal to Africa’s political leaders to help their many small-scale local communities to preserve their language and cultural traditions and to protect them from land robbery at the hands of the big international agricultural corporations. On the other hand, there is also the wish of African governments to unify all societies within a given country under one national law.
{"title":"3. The UN Declaration on the Rights of Indigenous Peoples and African Societies","authors":"K. Kohl","doi":"10.14361/9783839450215-004","DOIUrl":"https://doi.org/10.14361/9783839450215-004","url":null,"abstract":"Alongside the institutions of local, national and international law, the United Nations also plays an important role in currently on-going legal disputes in Ethiopia, as well as in other African nations, even though it does not want to interfere directly in the internal affairs of these states. Since its direct interventions are strictly limited to peace-building activities and involve long and complicated bureaucratic procedures, one of the UN’s preferred means of contributing to such and other disputes are through the declarations adopted by its General Assembly. These declarations have the character of recommendations and do not contain any legally binding obligations. In the terminology of the UN, they are only ‘documents of intent’. Nevertheless, they try to formulate some principles according to which legal decisions should be taken. This is the case with the UN ‘Declaration on the Rights of Indigenous Peoples’. As I will show, its primary intent was to grant more rights to the marginalized and long-disenfranchised indigenous peoples of the former European colonies in North and South America, Australia and New Zealand. But the extent to which its principles can also be applied to African societies remains a controversial point of discussion. On the one hand, the Declaration contains a moral appeal to Africa’s political leaders to help their many small-scale local communities to preserve their language and cultural traditions and to protect them from land robbery at the hands of the big international agricultural corporations. On the other hand, there is also the wish of African governments to unify all societies within a given country under one national law.","PeriodicalId":357074,"journal":{"name":"Legal Pluralism in Ethiopia","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131158068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.14361/9783839450215-010
Susanne Epple
{"title":"9. Local strategies to maintain cultural integrity","authors":"Susanne Epple","doi":"10.14361/9783839450215-010","DOIUrl":"https://doi.org/10.14361/9783839450215-010","url":null,"abstract":"","PeriodicalId":357074,"journal":{"name":"Legal Pluralism in Ethiopia","volume":"15 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134129630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.14361/9783839450215-006
Temechegn Gutu
{"title":"5. The handling of homicide in the context of legal pluralism","authors":"Temechegn Gutu","doi":"10.14361/9783839450215-006","DOIUrl":"https://doi.org/10.14361/9783839450215-006","url":null,"abstract":"","PeriodicalId":357074,"journal":{"name":"Legal Pluralism in Ethiopia","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116245033","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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