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Please use this identifier to cite or link to this item: http://hdl.handle.net/123456789/6608
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dc.contributor.authorKiros, Simeneh-
dc.date.accessioned2021-12-13T08:47:39Z-
dc.date.available2021-12-13T08:47:39Z-
dc.date.issued2020-09-
dc.identifier.urihttp://dx.doi.org/10.4314/mlr.v14i1.4-
dc.description.abstractThe criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.en_US
dc.language.isoen_USen_US
dc.publisherSt.Mary's Universityen_US
dc.subjectNon-positivism · Criminal law · Judicial method · Theory of law · Higher norms· Judicial formalismen_US
dc.titleVol. 14 No.1:Non-Positivist ‘Higher Norms’ and ‘Formal’ Positivism: Interpretation of the Ethiopian Criminal Lawen_US
dc.typeArticleen_US
Appears in Collections:Mizan Law Review

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