Download - Abyssinia Law

19671 LEGAL SYSTEMS
there were very close relations with England and later the United
States, Professor David, the drafter of the Civil Code, suggests that
this may have had the reverse effect-Ethiopia wanted a continentalbased
code to counteract excessive Anglo-American influence. 7 1 In
one sense this may be correct, but it was not a major factor. If it had
been considered sound to adopt the common law, this concern would
not have prevented Ethiopia from doing so. It had been able to absorb
foreign ideas and assistance from a variety of sources without being
dominated by any of them, and it was not in danger of being dominated
by the Anglo-American influence. But the adoption of the common
law would not have been sound. The most dominant motive for the
modernization of the legal system was the desire to assure as quickly
as possible a minimal security in legal relations. 7 2 Incorporating a
body of case law would not give that certainty. At least for the general
expectancy of situations, a code will provide more certainty than
the common law, particularly when the common law had never been
applied before. It would be much easier for the judges to apply a
code containing specific rules than principles developed from casescases
which would not be in the official language of the country, which
is Amharic, 7 3 but in English, which very few judges can read. Moreover,
in a code it would be easier to make the necessary adaptations
to Ethiopian conditions; rules needed in Ethiopia could be specifically
incorporated into the provisions of the code. The adoption of the
common law could not be seriously considered, and a code of some
sort had to be constructed.
Why was it decided to adopt a code on the continental model? Professor
David's position in this matter is sound; there was really no
alternative. As he pointed out, continental codes "constitute an expos6
of law sufficient in itself, which is the point of departure for a new
development of juridical rules," while a common-law type code "systematically
sets out existing principles." 7 4 He goes on to say that, "in
the absence of an existing body of law, the continental conception of
a code clearly triumphs." 75 There was no doubt that a new body of
law containing detailed rules had to be established. The rules had to
be sufficiently clear so that whenever possible, the judge could decide
the case solely by referring to the text of the law. The "law-making"
71 David, supra note 66, at 192.
www.abyssinialaw.com
72 Id. at 189. As His Imperial Majesty's Preface to the Civil Code states: "It
is essential that the law be clear and intelligible to each and every citizen of Our
Empire so that he may without difficulty ascertain what are his rights and duties
in the ordinary course of life, and this has been accomplished in the Civil Code."
7 3 ETmoPriA REvisED CoNs. art. 125.
74 David, supra note 66, at 190.
75 Id. at 191.