User:African Legal Philosophy/sandbox

At most, basic African Legal Philosophy (ALP) is influenced by the ontological assumption of African society. This is based on the view that on the fact that religion, ethics, law and customs are closely intertwined and determine each other. Like all philosophies it is still developing and evolving.

Types of African Legal Philosophy
a) Ethnophilosophy is based on communal thoughts and collective wisdom that is traditionally orally transfered. Contrary to the Western conceptions, it is not based on systematic ideas of individuals . It relies on metaphysical assumption and traditional African wisdom that tends to combine philosophy, mysticism and religion while reason and critical analysis takes the back seat. b) Sage philosophy is based on the ideas of an individual who is concerned with fundamental legal issues of society and who have the ability to offer insightful solution to some of these issues. The main task can be summarised as follows; "to identify man in the society who are reputed for their wisdom as reputable independent thinkers who guide their thoughts and judgement by their power of reason and inborn insight rather than command consensus ".

c) Nationalistic- ideological philosophy attempts to produce a unique political theory based on traditional African socialism. This includes the ideas of Kwame Nkrumah, Julius Nyerere and Jomo Kenyatta. The political philosophy seems to be neither capitalist or socialist but based on African philosopher.

Idowu identifies four possible attitudes towards the question of what African legal philosophy entails ; i) Firstly their argument from a Eurocentric view point that African legal philosophy does not exist . This is because African legal philosophy does not have a written tradition and has its origin in communal thinking. African philosophers reject the idea and point out that the continued survival and thriving of African societies indicates the presence of sophisticated ideas. ii) Secondly arguments of the impossibility to determine content of substance of African legal philopsophy. This views legal rules in Africa as indistinguishable from customary law. Therefore no legal system on which to base legal philosophy. Idowu rejects the argument because, "to be ignorant of the fact or an entity does not mean that the fact or entity does not exist." iii) The third attitude is the difference of African Legal Philosophy from western legal philosophy. African debate between law and morality. iv) Lastly, there is a distinctive African philosophy of law. Philosophers like Oruka argue that African philosophy ought not to follow western pattern in order to be regarded as philosophy.

Arguably the most important contribution of Africal Legal Philosophy to the general theory is the concept of Ubuntu.