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African Legal Philosophy 1. Definition There is no agreed single definition of African legal philosophy. According to Kroeze (2017:), it is a legal system characterized by oral tradition, communitarianism, reconciliation and lack of separation between law, religion and morality. Oyeshile (2008:62) postulates that for anything to be African philosophical, it has to meet certain requirements. These requirements have to do with reflection on the experience of the society, group or an individual. He further states that this reflection ought to be necessitated by compelling problems of life and existence and that such reflection must be critical and logical. Keevy (2008:12), see African philosophy as set of basic values and attitude towards life, nature and society. 2. History African legal philosophy can be categorized into predominantly oral tradition and written tradition. Kroeze (2017:133) point out that the written tradition of African legal philosophy is fairly new. This can be attributed to colonization as most African customary law systems and court were replaced with those of the colonisers. Another point of importance is that African law as an academic were trained in the laws of their colonisers. During early 20th century African leaders started to revolt against colonization and oppression. As more and more African states gained independence, they started incorporating elements of African legal philosophy. For example, the South African Constitution embraces the philosophy of Ubuntu as one of its founding provisions. 3. Criteria Two conflicting components are deemed integral to a work for it to be regarded African legal philosophy. Firstly, the work must have a racial focus. In terms of traditionalist group and African philosophy should be an expression of the world experience by African individuals. At the same time the universalist groups suggest that African legal philosophy should be analysed and critical engagement of and between individual African thinkers. According to them a work is African philosophy based on a focal point of tradition that pulls from African cultural backgrounds or thought processes. 4. Themes Communitarianism is associated of what is called African socialism influenced by Russian socialism. In African societies the community is always regarded as more important than an individual. Therefore law is regarded as the safeguard of social existence Reconciliation - views law as a reconciliatory instrument for the restoration of social equilibrium. Punishment is not done for the purpose of retribution, but for the purpose of the restoration of the promotion of fair order. Ubuntu - there are opposing views of the definition of Ubuntu. Kroeze (2017:155) points out that Ubuntu is found in different language throughout Africa hence it is regarded as an African concept. In its use in South African court Ubuntu means humanity, humaneness, morality and compassion. As a legal philosophy Ubuntu is way of life that is based on group-centred individualism. Finally, Ubuntu emphasizes reconciliation and consensus. 5. Types Ethnophilosophy is a type that is based on communal thought and collective wisdom that is traditionally orally transferred. Sage philosophy is based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of the society. These individuals have the ability to provide insightful solutions to some of those issues. Nationalistic-ideological philosophy seeks to produce a unique political theory based on traditional African socialism. Examples are Black Consciousness and negritude 6. List of philosophers. Steve Biko – Black Consciousness L.S Senghor – Negretude Mpho Shibase Ss’kia Mphahlele Kwami Nkrumah 7. See also African philosophy 8. Notes and references Kroeze IJ Legal Philosophy: Only Study Guide for LJU 4801 (Unisa Press Pretoria 2017) Keevy, Ilze (2008). “ African Philosophical Values and Constitutionalism: A Feminist Perspective on Ubuntu as a Constitutional Value”. Unpublished Doctor Legum thesis, Bloemfontein, University of Free State. Oyeshile Olatunji A, (2008). “On Defining African Philosophy: History, Challenges and Perspectives”. Humanity & Social Sciences Journal, 3(1):57-64.