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SYSTEMS
zation of binding precedent insures greater certainty. A judge of the
lower court will have no excuse for disregarding a decision of the
higher court, and the litigant will not have to appeal to that court.
Judges will be more apt to try to apply the provisions of the codes if
they can look to decisions of higher courts for guidance. The adoption
of binding precedent will aid the development of the legal system, as it
insures a greater degree of uniformity, possibly fewer appeals, and
in all likehood better decisions in the lower courts.
As to stare decisis, however, there are grave reservations about the
adoption of that doctrine in a country that is in the process of developing
its legal system. 3 8 It does insure greater certainty, which is of
course desirable. But under this doctrine, as we have seen from our
own experience, unsound decisions can often be perpetuated. In the
future, it is likely that more qualified persons will be appointed to the
courts, and even now judges are receiving some formal legal instruction.
30 9 Consequently, the quality of judicial decision is likely to improve
in the future. It would be unwise to bind future courts by
present decisions. It does not appear likely that this doctrine will be
adopted in the foreseeable future. 310
C. The Bench and Bar
The third area to be considered is that of the persons who are responsible
for the administration of justice: the judges who staff the
courts and the lawyers who practice before them. Attention will first
center on the judiciary. Here must be asked: how shall judges be
appointed; what qualifications should they have; and what shall be
their tenure of office?
In Ethiopia, the judiciary is in a state of transition. As pointed
308 Where a country has adopted the common law as the basis of its system, the
doctrine would have to be employed so that a body of precedent can be established.
As to the problems this can produce, see W. DArnELS, THE ComThooN LAw
3N WEsT AnuxCA 174 (1964).
309
See the discussion of extension instruction in law, note 321 infra and accompanying
text.
310 A very practical problem is the absence of a system of court reporting. This
would be very expensive to undertake because of very high printing costs. There
may be a reluctance on the part of many judges to have their decisions reported
because of the criticism that might result. It would also be difficult to obtain
court decisions, because most courts lack adequate stenographic help. The Faculty
of Law does publish the Journal of Ethiopian Law, which includes selected court
decisions that have been made available to the Journal. Since the Journal is
published in Amharic as well as English and has a fairly wide circulation, some
decisions are made known to the judges. But obviously this is no substitute for
a comprehensive system of reporting. As to the necessity for judges to be aware
of the decisions of their fellow judges as opposed to foreign decisions, see Guttman,
Law Reporting in the Sudan, 6 INT'L & Comp. L.Q. 685 (1957).