User:Fatima Hassen/sandbox

Idowu had identified four possible attitudes towards the nature of African Legal Philosophy and it started with a Eurocentric viewpoint that this philosophy doesn’t exist at all and it’s because it doesn’t have written traditions since origin is communal thinking. In the second attitude identified there are some who argue that there could be something of African Legal Philosophy but it is not possible to determine substance or content. There is no legal system to base a philosophy on and that is because of legal rules being indistinguishable from customs. Idowu is against this mainly because he says that being ignorant of something does not make it disappear or prove that is don’t exist. The third attitude is that African Legal Philosophy does exist but it is also not very different from Western Legal Philosophy and that the nature and society of African Law will be the factor that changes how philosophy responds. Last approach is one we prefer which is there is a distinctive African Philosophy of law. African Philosophy doesn’t need to follow Western patterns for it to a philosophy. African Legal philosophy will give expression to the desire for independence, authenticity and a postcolonial African identity. There are three types of African Legal Philosophy starting with Ethnophilosophy which is based on wisdom traditionally and orally transferred. This type is where you find metaphors or sayings to illustrate a philosophical point. Sage philosophy is opposite to Ethnophilosopy that is because this type is based on thoughts of one person and not many. Sage philosophers are regarded as being responsible for looking at fundamental issues of their society and offer insightful solutions to these problems. They indicate best solutions for social and political problems in Africa. Nationalistic – Ideological philosophy produce political theories on traditional African socialism and they play a political role. They are not capitalist nor socialist but communalist. They give the best options of social and political organisation for Africa’s conditions. There are 3 themes of African Philosophy and it starts with Communitarianism which is African socialism and it includes families which extends to ancestors and the emphasis is on family importance. Conflict is important to resolve as to keep the peace and balance in the community. Talents and abilities are assets to the community and law in this theme is regarded as the safeguard for social existence. Theme 2 is based on reconciliation which means that restoration of social equilibrium is important. Reconciliation is also done for punishment purposes where we see restoration instead of retribution. This theme has a sense of humanism as it look to help restore balance and cohesiveness in the community. Ubuntu is the last theme which is seen in everything we do. It has never been easy to define Ubuntu but it has being human attached to it. Ubuntu is seen in our courts meaning being fair and compassionate. In our courts Ubuntu helps with cooperation. Ubuntu was displayed in the case of S v Makwanyane. Ubuntu can be seen in all themes discussed above. In the first, communitarianism we see that social relationships are center and important. It is important to show respect and looks at crimes done by one is done by the whole family. Ubuntu then also looks at reciprocity which means each person has an obligation to each other. In the third place Ubuntu looks at rights being relational. What it means is that people come first “batho pele”. Ubuntu places emphasis on physical reality rather than metaphysical which is why when crimes happen the perpetrator has to apologise to the community and victim. Lastly Ubuntu focuses on emphasis and consensus.