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African Legal Philosophy (ALP) is a central philosophy for Africans. It is still being developed and evolving and an important part of Decolonization.

ALP is old ideas that were predominately oral traditions due to colonization, whereas written tradition is fairly recent. African Customary Law systems and courts and accompanying legal philosophy were not developed as many African lawyers and academics were trained in the laws of Europe.

Nature of African Legal Philosophy
African Legal Philosophy is a central philosophy for Africans. It is developing and evolving. Idowu has 4 attitudes towards this. From a Eurocentric point of view, states that ALP does not exist because it does not have written tradition and originates in communal thinking. Kaphagawani argues that many Western Philosophies derive in the very same way. Argues that there is something similar to ALP but impossible to determine content and substance because there is no way to distinguish between law and custom it is impossible to base a system of philosophy. Third argument is there is no true difference between African and Western Philosophy. The last attitude is that there is a very distinct African philosophy of law. ALP gives expression to Independence, Authenticity and post-colonial African Identity.

Types of African Legal Philosophy
There are 3 Broad approaches to African Legal Philosophy.

Ethnophilosophy
Is communal based with collective wisdom, orally transferred. It is not based on systemic ideas of individuals. Metaphysical assumptions, mysticism and Religion take a back seat. Found in many oral sayings by Idowu, 'Agbakoba' and Nwauche.

Sage Philosophy
Opposite of Ethnophilosophy. It is based on the ideas of one person. This person is seen to be Wise and has the ability to give insight. The sage is responsible for the survival of his society, responsible for addressing fundamental social and political issues.

Nationalistic – Ideological Philosophy
Produces a unique political theory based on traditional African socialism. Examples of philosophers are Kwane Nkrumah, Julius Nyere, Jomo Kenyatta. ALP is neither socialist nor capitalist, it is based on communitarianism. It is also political. Themes in African Legal Philosophy

Communitarianism
Strong in ALP, influenced by Russian Socialism. Importance of family and is extended to the ancestors. Conflicts are settled to restore the balance and social cohesion. Community is more important than the individual. The community exercises views and talents in benefit of society. Gyekye states the individual cannot fully be defined by the communal structure or social relationship (restricted communalism) it allows for Human Rights but is not absolute

Reconciliation
Social cohesion and values and in favour of law of adjudication and theory of law. ALP is in favour of reconciliatory theory to restore equilibrium. Social discord is seen as destructive. Punishment is in the form of reconciliation and the entire family forms part of the punishment.

Ubuntu
UBUNTU Is a concept of Humanity, Humaneness, Morality, Compassion, stresses conciliation, harmony through social relations in a group. The concept is prominent to South Africa but universal to Africa and an African Concept. Concept founded in the Interim Constitution of South Africa, 1993 in S v Makwanyane. Radebe and Phooko bot argue that Ubuntu is an evolving concept based on “group centered” individualism. The central components are Communitarianism, Reciprocity, Physical Reality, Reconciliation and Consensus.

Criticism of Ubuntu
Concept is bloated, meaning that it is easy to manipulate. Entrenches patriarchy, which goes against Constitutionality. It is a dying concept. Intersections between African Legal Philosophy Influence by other philosophies such as German Romanticism, Law and Economics Movement for Socio-Political and Economic equilibrium. Neo Marxism (Critical Theory) Shows inequality still seen in gender, ethnicity, class, education.