‘BEJIROND TEKLEHAWARIAT TEKLEMARIAM’ IN LEGAL THEORY: AN OBSERVATION ON HIS LECTURES

Abstract

Bejirond Tekelehawariat Teklemariam’ was the drafter of the 1931 constitution of Ethiopia. In the following two years after the adoption of this constitution, he delivered lectures for members of the nobility/ruling class on the meaning and nature of the constitution and law. The meaning and nature of law have been a controversial issue that gave rise to different schools of thought, including the positivist and natural law legal theories. Tekelehawariat’s lectures will also trigger questions about which legal theory/ies are reflected therein. By employing doctrinal research methodology, this article aims to examine Tekelehawariat’s lectures in light of the positivist and natural law legal theories. Accordingly, this article argues that despite a few elements of natural law theory, Tekelehawariat’s lectures are dominantly in the positivist legal theory.