User:Prinalle/sandbox

WHAT IS AFRICAN LEGAL PHILOSOPHY?
African legal philosophy is derived from the cultures and oral traditions of the African people. Like other philosophies, it is still developing and evolving as society changes. The aspect of colonisation plays a huge role in terms of African legal philosophy. This is because most African customary law systems and courts were influenced and replaced by the coloniser. Thus, having a great effect on the active development of African Legal philosophy. In Africa we have various tribal customs and cultures which are seen as contributors and/or influencers towards African Legal Philosophy. Thus, it will also have a great affect on how the philosophy develops.

There are four attitudes with regards to the nature of African legal philosophy and they are as follows:

 * African legal philosophy does not exist at all.
 * African legal philosophy might exist but it’s content and substance is indeterminable.
 * African legal philosophy exists but it is not that different from Western legal philosophy.
 * African legal philosophy exists and there is a distinctive African philosophy of law.

TYPES OF AFRICAN LEGAL PHILOSOPHY

 * ETHNOPHILOSOPHY–This is based on communal thinking and collectiveness that is traditionally orally transferred from one generation to another. Sayings or metaphors are often used to illustrate a philosophical point. Thus,       linked closely to natural law.
 * SAGE PHILOSOPHY–This is completely opposite to ethnophilosophy in that it’s basis is of the ideas of one person and not collective. These individuals are responsible for addressing the issues faced by their society and play a political role in terms of decision-making.
 * NATIONALIST-IDEAOLOGICAL-This type of philosophy tries to conceptualise a unique politically theory based on the traditional African socialism. African philosophers play a political role in terms of deciding what is best for society based on the present conditions.This philosophy is also related to that of Black Consciousness.

THEMES IN AFRICAN LEGAL PHILOSPHY

 * COMMUNITARIANISM – This is a strong idea in this philosophy and is tied to what is known as African socialism. The idea of family and community is of great importance and members act together for the benefit of the community and not for the individual.
 * RECONCILIATION – Law is used for restoring and balancing the injustice nature of actions. It also brings the concept of punishment to light in that it says that its purpose is to restore peace and order.
 * UBUNTU – This is simply known as the essence of being human. Everyone is human therefore mistakes are inevitable and we must show mercy to all.