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, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.

Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as.

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

This is the first English-language overview of the history of Ethiopian law. It describes the main features of its unique development on the basis of indigenous customary law and Roman-Byzantine legal traditions. The study also pays attention to the codification of laws and modernization of the judicial system undertaken in the reign of Emperor Haile Sellassie (1930-1974), and to matters of procedural and court justice. Throughout, topics and areas for further research are identified.

This study describes the plural systems of those states retaining an indigenous law which have had imposed, or have adopted into themselves, Western laws- such as those inherited from colonial empires or adopted voluntarily in, for example, Turkey, Thailand, and Ethiopia. Attention is also given to the revolutionary change of law in the U.S.S.R and China. Many issues of practical importance are involved in pluralism, includind those of modernization and development of law for economic and development of law for economic and social purposes, as well as conflicts of law and legal theory.

A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

In Eritrea, state, traditional, and religious laws equally prevail, but any of these legal systems may be put into play depending upon the individual or individuals involved in a legal dispute. Because of conflicting laws, it has been difficult for Eritreans to come to a consensus on what constitutes their legal system. In Blood, Land, and Sex, Lyda Favali and Roy Pateman examine the roles of the state, ethnic groups, religious groups, and the international community in several key areas of Eritrean law -- blood feud or murder, land tenure, gender relations (marriage, prostitution, rape), and female genital surgery. Favali and Pateman explore the intersections of the various laws and discuss how change can be brought to communities where legal ambiguity prevails, often to the grave harm of women and other powerless individuals. This significant book focuses on how Eritrea and other newly emerging democracies might build pluralist legal systems that will be acceptable to an ethnically and religiously diverse population.

International crimes are mostly prosecuted at the national level and domestic judges have to contend with a plethora of divergent judgments from international tribunals and other domestic courts. This book assesses the impact of this legal pluralism, exploring whether divergence can be accepted as regular feature of international criminal justice.