Questioning an Instrumentalist View of Law in Ethiopian

An Instrumentalist view of law has an effect of reducing law to a means of securing ends. Whoever has the means (the law) then gets to have the ends (the ends being social, economic, political….and other myriad of limitless public and/or private interests). Apart from depriving law of an autonomous nature and subjecting it to a possibility of being used as an instrument to achieve evil ends, this view has a tendency to trigger a competition (among its subjects) to get hold of the means. This view seems to have become a dominant position in today’s legal theory according to Tamanaha, who opposes this approach. I believe that law can be a means only if a democratic law making process is practiced; that it is also an end in and of itself; and that the real question lies behind determining when/why/how it becomes a means at one point and be an end at another point. In Ethiopia, it has been pointed out that there are a number of legislations that were and are being used for evil ends. Among such laws are the Anti-Terrorism Proclamation and the Charities and Societies Proclamation.

Yaada haaraa dabali

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