User:Isaac Mohlala55/sandbox

African Legal Philosophy

African Legal Philosophy is characterized by its oral tradition, communitarianism, reconciliation and a lack of separation between law, religion and morality.

According to the ALP thinkers, the judges when making judgements, are constrained by the morality of the community.

The pursope of adjudication in African societies is not retributive but instead, it is reconcilatory with the purpose of achieving social cohesion, this will mean that the decision that fails to reconcile parties or to restore social cohesion would not be allowed.

It is argued that the decision of the judges will also be constrained, because they derive their authority from the ancestors and therefore, they cannot go against the ancestors.

From these characteristics, it is save to say that the African Legal Theory is very closer to Natural law in that they all believe in metaphysics, thers is no clear distinction between the values and the law, the understanding is that the law is there to protect the values.

Another good example is the application of Customary law in both the traditional courts and the ordinary courts. I either case African values must play a role in how judges decide cases. This is particular true of the principle of ubuntu.

The principle of ubuntu embraces the notions of mutual respect and the fact that people derive their existence from other people amongst others.

African Legal Philosophy

African Legal Philosophy is characterized by its oral tradition, communitarianism, reconciliation and a lack of separation between law, religion and morality.

According to the ALP thinkers, the judges when making judgements, are constrained by the morality of the community.

The pursope of adjudication in African societies is not retributive but instead, it is reconcilatory with the purpose of achieving social cohesion, this will mean that the decision that fails to reconcile parties or to restore social cohesion would not be allowed.

It is argued that the decision of the judges will also be constrained, because they derive their authority from the ancestors and therefore, they cannot go against the ancestors.

From these characteristics, it is save to say that the African Legal Theory is very closer to Natural law in that they all believe in metaphysics, thers is no clear distinction between the values and the law, the understanding is that the law is there to protect the values.

Another good example is the application of Customary law in both the traditional courts and the ordinary courts. I either case African values must play a role in how judges decide cases. This is particular true of the principle of ubuntu.

The principle of ubuntu embraces the notions of mutual respect and the fact that people derive their existence from other people amongst others.