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Law and Rural Development in Ethiopia

Published online by Cambridge University Press:  23 May 2014

Extract

The attention of the world was focused on Ethiopia, briefly, when Emperor Haile Selassie I, once considered the inviolate descendant of Solomon and Sheba and the Elect of God, was deposed on September 12, 1974, and when, on November 23, 1974, sixty public and military officials were executed without trial. The Provisional Military Administrative Council, or Dirg, formally assumed power under Proclamation No. 1 of 1974 (Neg. Gaz. 34/1) which deposed the Emperor and “suspended” the 1955 Revised Constitution, while providing that all other laws and regulations remain in force. De facto, of course, the entire legal system remains in suspense and the emerging Grundnorm or basic postulate of Ethiopian public law has become the as yet vague philosophy of Ethiopia Tikdem, defined as encompassing the tenets of Ethiopian socialism.

Although the “revolutionary” movement was undertaken in the name of the peasants, events and legal changes have, to date, affected only the urban areas, and the Dirg's promise to pursue rural development and land reform (Ethiopian Herald, 1974: 4) has remained a mere promise. Will the interests of rural Ethiopians be pursued by the new regime in the future? What role will law play in this process? These problems will be resolved as a result of future political choices, and Ethiopia is at a stage in her history when difficult choices must be made in many areas. It is therefore an appropriate time to assess where the Ethiopian legal system has been and where it could go from the standpoint of improving the quality of the life of Ethiopia's subsistence peasants, who constitute eighty percent of the population.

Type
Research Article
Copyright
Copyright © African Studies Association 1975

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References

REFERENCES

Allen, C.K. (1964) Law in the Making. 7th ed., Oxford: Clarendon Press.Google Scholar
Allott, A. (1970) “African law in the 1980's,” p. 163 in Arkhyrst, (ed.), Africa in the Seventies and Eighties. New York: Praeger.Google Scholar
Applebaum, R.P. (1970) Theories of Social Change. Chicago: Maikham.Google Scholar
Azkin, D. (1956) “Codification in a new state: a case study of Israel.” American Journal of Comparative Law 40: 44.Google Scholar
Chambliss, W. (1967) “Types of deviance and the effectiveness of legal sanctions.” Wisconsin Law Review 1967: 703.Google Scholar
Clapham, C. (1969) Haile-Selassie's Government. London: Longmans.Google Scholar
Cohen, A.K. (1966) Deviance and Control. Englewood Cliffs, N.J.: Prentice-Hall.Google Scholar
Cohen, J. (1973) “Ethiopian provincial elites and the process of change.” Journal of Ethiopian Studies 11:93.Google Scholar
Constanzo-Beccaria, G. (1966) “Traditions, legislation and customary law in Ethiopia,” p. 175 in Proceedings of the Third International Conference of Ethiopian Studies 3, Addis Ababa: Institute of Ethiopian Studies.Google Scholar
Dahl, R. and Lindbloom, R. (1953) Politics, Economics and Welfare. New York: Harper and Row.Google Scholar
David, R. (1963) “A civil code for Ethiopia.” Tulane Law Review 37: 187.Google Scholar
Deak, F. and Rheinstein, M. (1936) “The development of French and German law.” Georgetown Law Review 24: 551.Google Scholar
Dorner, P. (1972) Land Reform and Economic Development. Harmondsworth: Penguin.Google Scholar
Dror, Y. (1959) “Law and social change.” Tulane Law Review 33: 749.Google Scholar
Elias, T. (1962) The Nature of African Customary Law. Manchester: Manchester University Press.Google Scholar
Ethiopian Government. (1960) Civil Code, Negarit Gazeta Extraordinary. Addis Ababa: Berhanenna Selam Press.Google Scholar
Ethiopian Government. (1970, 1971, 1973) egarit Gazeta(legislative gazette) Volumes 29, 30, 32. Addis Ababa: Berhanenna Selam Press.Google Scholar
Herald, Ethiopian. (1974) “Proclamation.” (September 12): 1, 4; and “Committee announces its aims and objectives.” (September 12): 1, 4.Google Scholar
Faculty of Law, Haile Selassie I University. (1972) Consolidated Laws of Ethiopia. Volumes I, II: Addis Ababa.Google Scholar
Friedman, L. (1966) “The law of the living, the law of the dead.” Wisconsin Law Review 1966: 340.Google Scholar
Friedman, L. (1969) “Legal culture and social development.” Law and Society Review Volume 4: 29.CrossRefGoogle Scholar
Geertz, C. (1963) Old Societies and New States. London: Free Press.Google Scholar
Ginzburg, E. and Smith, H.. (1967) Manpower Strategy for Developing Countries: Lessons from Ethiopia. New York: Columbia University Press.Google Scholar
Harvey, W.B. (1970) “Comment,” p. 147 in Arkhurst, Frederick (ed.) Africa in the Seventies and Eighties. New York: Praeger.Google Scholar
Hoben, A. (1973) Land Tenure Among the Amhara of Ethiopia. Chicago: University of Chicago Press.Google Scholar
Houin, R. (1955) “Reform of the French Civil Code and Code of Commerce.” American Journal of Comparative Law Volume 34: 485.CrossRefGoogle Scholar
International Institute for Labour Studies. (1967) “Labour problems in the economic and social development of Ethiopia.” Working Paper No. 7. Nairobi: IILS.Google Scholar
Jaguribe, H. (1968) Economic and Political Development. Cambridge: Harvard University Press.Google Scholar
Jembere, A. (1968) “The prerogative of the Emperor to determine powers of administrative agencies.” Journal of Ethiopian Law. 5: 521.Google Scholar
Last, G. (1973) “Indigenous associations and the process of change in the rural economy, with special reference to Ethiopia.” Addis Ababa: Third International Conference of Africanists.Google Scholar
Llewellyn, K. (1951) “The effect of legal institutions on economics,” p. 847 in Cohen, M. and Cohen, F. (eds.) Readings in Jurisprudence and Legal Philosophy. Boston: Little Brown.Google Scholar
Marein, N. (1955) The Ethiopian Empire: Federation and Laws. Rotterdam: Royal Netherlands Press.Google Scholar
Markakis, J. (1974) Ethiopia. Oxford: Clarendon Press.Google Scholar
Mayhew, L. (1971) “Stability and change in legal systems,” p. 187 in Barker, B. and Inkeles, A. (eds.) Stability and Social Change. Boston: Little, Brown.Google Scholar
McClelland, D. and Winter, D. (1969) Motivating Economic Achievement. New York: The Free Press.Google Scholar
Meier, G. (1971) Leading Issues in Economic Development. 2nd ed. London: Oxford University Press.Google Scholar
Moore, S. (1973) “Law and social change.” Law and Society Review Volume 7: 719.Google Scholar
Myrdal, G. (1968) Asian Drama, Volume 1. Harmondsworth: Penguin.Google Scholar
Ocran, T. (19711972) “Law, African development and social engineering.” Zambian Law Journal Volumes 3, 4: 16.Google Scholar
Pye, L. (1967) “Communication, institution building and the reach of authority,” p. 33 in Lerner, D. and Schramm, W. (eds.) Communication and Change in Developing Countries. Honolulu: East-West Center Press.Google Scholar
Ross, J. and Berhe, S.. (1973) “Legal aspects of doing business in Addis Ababa.” Journal of Ethiopian Law Occasional Paper No. 1. Addis Ababa: Faculty of Law.Google Scholar
Schiller, A. (1966) “The changes and adjustments,” p. 193 in Tunc, A. (ed.) Legal Aspects of Economic Development. Paris: Librairie Dalloz.Google Scholar
Schwab, P. (1972) Decision-Making in Ethiopia. London: C. Hurst.Google Scholar
Sedler, R. (1968) “Law reform in the emerging nations of Sub-Saharan Africa.” St. John's University Law Journal Volume 13: 195.Google Scholar
Seidman, R. (1972) “Law and development: a general model.” Law and Society Review Volume 6: 311.Google Scholar
Seidman, R. (1973) “Law and stagnation in Africa.” Zambian Law Journal 5: 39.Google Scholar
Shack, W. (1966) The Gurage. London: Oxford University Press.Google Scholar
Smith, T.B. (1965) “The preservation of the civilian tradition in mixed jurisdictions,” p. 3 in Yiannopoulos, A. (ed.) Civil Law in the Modern World. Baton Rouge: Louisiana State University Press.Google Scholar
Takayanagi, K. (1963) “A century of innovation,” p. 5 in Mehren, A.T. Von (ed.) Law in Japan. Cambridge: Harvard University Press.Google Scholar
Vanderlinden, (1969) “The importance of Amharic for the development of the Ethiopian legal system.” A mimeographed conference paper, Addis Ababa.Google Scholar
Von Mehren, A.T. (1957) The Civil Law System. Englewood Cliffs, N.J.: Prentice-Hall.Google Scholar
Von Mehren, A.T. (1963) “Commentary, Part I,” p. 183 in Mehren, Von (ed.) Law in Japan. Cambridge: Harvard University Press.Google Scholar
Wilson, G. and Wilson, M.. (1968) The Analysis of Social Change, Based on Observations in Central Africa. Cambridge: Cambridge University Press.Google Scholar
Winship, P. (1972) Background Documents of the Ethiopian Commercial Code of 1960. Addis Ababa: HSIU.Google Scholar