The Sources of Ethiopian Law
摘要
This chapter analyses the origins of Ethiopian law, which developed independently without colonisation, unlike in other Sub-Saharan African countries. It traces Ethiopian legal roots to the ancient city-state of Aksum, where regulations emerged from interactions between Sabaean settlers from South Arabia and native Cushitic peoples; early Aksumite law likely reflected Sabaean customs, including practices such as polygamy. A major transformation occurred in the fourth century with the adoption of Christianity, which introduced legal concepts grounded in Christian beliefs and the Old Testament. The Senodos, liturgical and canonical texts of the Ethiopian Orthodox Church, further shaped this legal foundation. Emperor Kaleb’s reign marked the formal division of secular and Church authority, though traditional and Christian influences persisted. The study examines customary law, derived from accepted oral norms, as the second central pillar of Ethiopian law, emphasising community welfare and reconciliation over punishment—in contrast to Western legal principles centred on individual rights. It analyses the 1930 Constitution and the customary laws of the Amhara, Tigray, and Oromo ethnic groups and their profound impact on Ethiopian legislation. The study underscores the ongoing coexistence of customary law and written codes as a distinctly characteristic feature of Ethiopia’s legal history.