Pluralismo giuridico in Somalia : Trascorsi storici e sviluppi recenti

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Abstract

The issue of legal pluralism has in Africa one of its most evident manifestations. Despite the long-standing debate on the non-merely anthropological value of legal pluralism in Africa, the search for solutions that can lead to a more “operational” legal pluralism in African countries remains one of the most fascinating issues to be resolved by African legal scholars. Beyond the mere statements of principle, even at the constitutional level, the question of how to make legal pluralism officially operating remains unresolved. Somalia presents a particular situation with regard to legal pluralism. To the classic components of traditional and State law a strong religious component of Islamic law is added. A peculiarity of the whole of Somalia is the fact that the fall of the Siad Barre regime in 1991, with the subsequent decay of the state, led to dissolution of the official law layer that is only now – with difficulty – the new Somali state is trying to begin to rebuild. The epiphany of autonomist experiences determines an additional variable that is part of the already weak and at the same time varied, Somali legal framework. The paper will examine the ways in which the issue of legal pluralism has developed in Somalia, beginning with a brief analysis of the structure of Somali society to move to the colonial period. Then the way how legal pluralism was present in the Somali state will be observed, to analyze after the period of the failed state and the presence of a pluralistic phenomenon in the absence of a central state. Finally, the new provisional constitution of October 2012 will be considered, as a guiding instrument for the new Somali state and its approach to the issue of legal pluralism
Lingua originaleItalian
pagine (da-a)140-163
Numero di pagine24
RivistaJURA GENTIUM
Volume11
Stato di pubblicazionePublished - 2014

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