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African Legal Philosophy (ALP) ALP attempts to provide insight  into the questions all philosophies try to answer, (a) what is the nature of African law (ontological question) and (b) how do we know this (epistemological question)? The manner in which the questions are answered impacts the law and legal philosophy emanating from it. There are three African approaches to philosophy and they are discussed briefly below: Ethnophilosophy Ethnophilosophy describes communal thought and collective thought which are orally transferred. It is not a body of logical thoughts of individuals. It relies on metaphysical assumptions and traditional African wisdom and tends to combine philosophy, mysticism and religion while reason and critical analysis take a back seat. The approach is concerned about the good of the community as a whole, as opposed to the particular interests of the individual. It creates a collective philosophy by not distinguishing between different African cultures and tends to bypass the differences. The philosophy uses phrases or metaphors to illustrate a point. Sage Sage philosophy is concerned with the thoughts of individuals who are concerned with the fundamental ethical issues of their society and who have the ability to offer insightful solutions to some of these issues. They provide the options that are suitable for dealing with both social and political organisation for African's conditions. The survival of society lies in the hands of a sage (wise person). The sage philosophy epitomizes a cultures’s world vision. Sage is the opposite of ethnophilosophy. Nationalistic-ideological philosophy Nationalistic-ideological philosophy attempts to produce a unique political theory based on traditional African socialism. This political philosophy seems to be neither capitalist nor socialist, but based on an African communalism. They share the view that African philosophers need to play a role in politics while emphasis is on the common good. The conflicts among members of a political community are destructive and must be settled. Themes in ALP At its most basic ALP is influenced by the ontological assumptions of African society. This idea emanates from the fact that religion, ethics, law and customs are interwoven in such a way that they govern each other and the role that family plays is central. The metaphysical beliefs that hold families together should be kept in mind during the discussions of various themes in ALP. Communitarianism In communitarianism the communal existence take priority over individuals. It is regarded that members of the community share survival interests, goals and values. So, conflict in a community is seen as damaging. Peace in the community is restored when conflicts are settled. The law is seen as defending community existence. Reconciliation ALP favours a theory of law and adjudication that is based on the reconciliatory conception. In reconciliatory approach, people prefer arbitration and reconciliation over litigation. Since social conflict is destructive in the community, the law endeavour to restore the balance by conciliation, compromise and reconciliation. Punishment is meant to restore or promote fair order.

Ubuntu A core element of African philosophy is the concept of ‘Ubuntu’ which means humaneness, humanity, morality, compassion and it is connected to communitarianism. It stresses conciliation, harmony through social relations within the group, duties towards others and group solidarity as opposed to individual interests. It seeks cooperation not confrontation. Ubuntu has been criticised for its usefulness as a legal concept. Intersection between African legal philosophy and other theories ALP does not exist in isolation the idea that laws are based on convention is derived from German Romanticism. ALP can borrow from other theories such critical theory to show sources of disproportion in African communities like class, ethnicity, religion, education and other interests.