African Legal Philosophy (2)
African Legal Philosophy (ALP) In most of Africa the customary law systems become Eurocentric where African lawyers were and academics were trained in the laws of these European countries. This hindered the development of the African legal system and the accompanying philosophy. Therefore, a lot of what we now consider as ALP is deduced from general African philosophy where there is a longer tradition. There is not many sources on ALP from South African scholars and for the most part we rely on writers beyond afield.[1]
There are various arguments regarding ALP including that of Kaphangwani stipulating that some Western philosophies stem from communal thought and were initially not written down. The implication of the above is that African philosophers repudiate the idea and point out that the continued survival and thriving of African societies is indicative of the presence of sophisticated concepts an ideas.[1]
There are different types of ALF namely: Ethnophilosphy which is based on communal thought and collective wisdom that is transferred orally as per tradition. Sage philosophy with the premise of the ideas of one person. Sage iis the custodian of his societies survival. Nationalistic-ideological philosophy endeavours to produce a one of kind political theory based on traditional African socialism, this kind of philosophy is related closely with the ideologies enshrined in Black Consciousness and Senghor's idea of "Negritude".[1]
Communitarianism is very strong in ALP it is called African socialism in the sphere of political theory. In ALP therefor law is considered as the safeguard of social existence however it has its dangers.[1]
The reconciliatory theory forms the foundation of the African conception, the law seeks to restore balance through conciliation, compromise and reconciliation.[1]
Ubuntu means humanity and humaneness and stresses conciliation in a harmonious manner that places an emphasis on solidarity as opposed to interests of an individual. To a certain extent Ubuntu is regarded as an AFL.[1]
References[edit]
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