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drafter; (2) consideration of the projet by the Codification Commission;
and (3) consideration of the final draft by Parliament. 91 The
Codification CommisSion consisted of approximately twenty-five distinguished
Ethiopians, representing law, government, and business.
Most of the work was done by a smaller body consisting of the leading
jurists and officials from the Ministry of Justice. 92 The majority of
changes, at least in the Civil Code projet, were made by this body. 93
The codes were then debated in Parliament, and some additional changes
were made.94
The drafters discussed the modifications that were made and the
special factors that influenced the content of the various provisions.
A consideration of the examples they gave will demonstrate the careful
effort at adaptation that was made. With respect to the Penal Code,
Professor Graven points out that it was necessary to "reconcile tradition
and progress."95 The question was whether the foundation of
the Code was to be the penal punishment of offenders or the rehabilitation
of those who have engaged in antisocial conduct. Should the
provisions be designed to deter antisocial conduct by imposing the
threat of punishment, or to treat and correct such conduct after it
has occurred? Professor Graven further emphasized that since the
concepts of fault, deterrence, and expiatory punishment were deeply
ingrained in the Ethiopian mind and tradition, they could not be
abandoned. The Code had to be drafted with reference to those concepts.
The need for the preservation of public order-the essential
condition for the development of the society-outweighed considerations
of rehabilitation. Thus, the foundation of the Penal Code is
the penal punishment of offenders as to whom deterrence has not
proved effective rather than rehabilitation, though provisions for rehabilitation
exist. 98
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In the opinion of Parliament, this attempt at reconciliation neces-
01 David, supra note 66, at 197-201; Graven, supra note 20, at 280.
02
Graven, supra note- 20, at 280.
03 David, supra note 66, at 200.
04 Id. at 200-01.
Or Graven, supra note 20, at 288.
00 Id. See Erm Psa. CODE art. 1. There was no question that the death penalty
was to be retained. Professor Graven has stated that there was practically no
opposition to the death penalty among Ethiopians. Graven, supra note 20, at 289.
It should be noted, however, that no sentence of death can be executed unless
confirmed by the Emperor. ETmOPrA REVISED CoxsT. art. 59. See M. PERaSI,
supra note 19, at 149; S. LowENsTmT, supra note 88, at 336. Lowenstein points out
that according to the prison statistics of 1963-66, 997 persons were held in prison
under sentence of death, and only 39 sentences were executed. He concludes that
"although this may partially be due to inefficiency in obtaining confirmations, the
more likely reason is the quite traditional leniency of the Emperor in use of His
pardon and amnesty powers." Id.