User:Jhongikhaya/sandbox

One of the oldest debates in African legal philosophy (herein after referred to as ALP) is the question of what this philosophy is all about. Some argue that ALP does not exist at all, because of the lack in written text which prove otherwise. To this argument Kaphagawani has responded by pointing out that some Western philosophies also came from communal thought and were originally not written down. Consequently, African philosophers reject this idea and point out that the continued survival and thriving of African societies indicates the presence of sophisticated concepts and ideas. There are those who argue that there might be something like ALP but that it’s impossible to determine its content or substance. In this view legal rules in Africa are indistinguishable from customs and, therefore, there is no legal system on which to base a philosophy. This argument is incorrect. “Just because one cannot see the wind, it does not mean that it does not exist”.

There is such a thing as ALP but it is not really all that different from Western legal philosophy. Philosophers like Oruka have argued that African philosophy need not follow the Western pattern in order to be regarded as philosophy. But it is different in the way it reflects on human life and nature in more intuitive ways. ALP will give expression to the desire for independence, authenticity and a postcolonial African identity. The narrative (storytelling) element in African philosophy is increasingly emphasised.

Ethnophilosophy is philosophy based on communal thought and collective wisdom that is traditionally orally transferred. Contrary to the typical Western conceptions, it is not based on systematic ideas 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. In order to create a collective philosophy it does not distinguish between different African cultures and tends to gloss over the differences.

Sage philosophy is the opposite of ethnophilosophy. While the latter emphasises collective thought, sage philosophy is based on the ideas of one person. It is therefore based on the thoughts of individuals who are concerned with the fundamental ethical and legal issues of their society, and who have the ability to offer insightful solutions to some of those issues. A sage (wise person) is the custodian of the survival of his society. This kind of philosophy represents a culture’s worldview, and also reflects critically thereon.

Nationalistic-ideological philosophy attempts to produce a unique political theory based on traditional African socialism. This type of philosophy can be found in the ideas of, for example, Kwame Nkrumah, Julius Nyerere, Yomo Kenyatta and Leopold Senghor. This political philosophy seems to be neither capitalist nor socialist, but based on an African communalism. According to this view, African philosophers have a political role to play. They should indicate the best options of social and political organisation for Africa’s conditions.

The main themes of ALP include ; Communitarianism, which is a philosophy that emphasizes the connection between the individual and the community. Its overriding philosophy is based upon the belief that a person's social identity and personality are largely molded by community relationships, with a smaller degree of development being placed on individualism.

Reconciliation which is the restoration of friendly relations. The last theme includes Ubuntu, this is A quality that includes the essential human virtues; compassion and humanity.