Legal Pluralism in Ethiopia: Actors, Challenges and Solutions

Open Access Published by transcript Verlag 2020

Legal Pluralism in Ethiopia

Actors, Challenges and Solutions

Edited by: Susanne Epple and Getachew Assefa

In the series Kultur und soziale Praxis

https://doi.org/10.1515/9783839450215

Overview
Contents

About this book

Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory.
This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution and innovative new procedures and hybrid norms. The book thus generates important knowledge on the necessary conditions for stimulating a cooperative co-existence between different legal systems.

Author / Editor information

Susanne Epple (PhD), born in 1968, is a social anthropologist and research affiliate at the Frobenius Institute in Frankfurt/Main. She has undertaken extensive fieldwork in Southern Ethiopia for 25 years, and has taught and published extensively on issues related to gender and age in agropastoral societies, cultural contact and change, hereditary status groups, and legal pluralism.
Getachew Assefa (PhD), born in 1973, is Associate Professor of Law at Addis Ababa University. He has published widely on issues related to minority rights, federalism and constitutional litigation, and legal pluralism. His areas of interest include comparative constitutional law and federalism, human rights, traditional governance and justice systems, as well as law and religion.

Supplementary Materials

Leseprobe

Topics

Frontmatter Open Access Download PDF	1
Contents Open Access Download PDF	5
Acknowledgements Open Access Download PDF	9
1. Introduction Susanne Epple Open Access Download PDF	11
I. The interplay of international, national and local law
2. Towards widening the constitutional space for customary justice systems in Ethiopia Getachew Assefa Open Access Download PDF	43
3. The UN Declaration on the Rights of Indigenous Peoples and African Societies Karl-Heinz Kohl Open Access Download PDF	63
4. Understanding customary laws in the context of legal pluralism Gebre Yntiso Open Access Download PDF	71
II. Cooperation and competition between legal forums
5. The handling of homicide in the context of legal pluralism Cooperation between government and customary institutions in the Gamo highlands Temechegn Gutu Open Access Download PDF	97
6. The interplay of customary and formal legal systems among the Tulama Oromo Cooperation and competition Melaku Abera Open Access Download PDF	115
7. Federal Sharia Courts in Addis Ababa Their administration and the application of law in the light of recent developments Mohammed Abdo Open Access Download PDF	139
8. Use and abuse of ‘the right to consent’ Forum shopping between shimgilinna and state courts among the Amhara of Ankober, northcentral Ethiopia Desalegn Amsalu Open Access Download PDF	163
III. Emerging hybridity of legal institutions and practices
9. Local strategies to maintain cultural integrity The vernacularization of state law among the Bashada and Hamar of southern Ethiopia Susanne Epple Open Access Download PDF	187
10. Legal pluralism and Protestant Christianity From fine to forgiveness in an Aari community Julian Sommerschuh Open Access Download PDF	213
11. Kontract: A hybrid form of law among the Sidama Muradu Abdo Open Access Download PDF	235
12. Legal pluralism and emerging legal hybridity Interactions between the customary, state and religious law among the Siltie of southern Ethiopia Kairedin Tezera Open Access Download PDF	263
13. A matter perspective: Of transfers, switching, and cross-cutting legal procedures Juridical processes among Oromo and Amhara, East Shewa Andrea Nicolas Open Access Download PDF	283
IV. Incompatibilities and conflict
14. When parallel justice systems lack mutual recognition Negative impacts on the resolution of criminal cases among the Borana Oromo Aberra Degefa Open Access Download PDF	311
15. Combatting infanticide in Bashada and Hamar The complexities behind a ‘harmful traditional practice’ in southern Ethiopia Susanne Epple Open Access Download PDF	339
16. Clashing values The 2015 conflict in Hamar district of South Omo Zone, southern Ethiopia Yohannes Yitbarek Open Access Download PDF	371
Glossary Open Access Download PDF	399
Contributors Open Access Download PDF	409

(Deutsch)

Language: English
Publisher: transcript Verlag
Audience: Professional and scholarly;
Pages
- Main content: 414
Keywords: Ethiopia; Cultural Diversity; Customary Law; Normative Orders; Law; Culture; Ethics; Ethnology; Sociology of Law; Africa

eBook

Published: July 27, 2020
ISBN: 9783839450215