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African Legal Philosophy It is still a developing and evolving philosophy which forms an important part of the decolonisation of Africa. The written tradition of this philosophy is more recent, not to the exceptions of any future findings. The reason for this is, off cause is colonisation. In most of Africa the customary law systems and courts were replaced with those of the colonisers and African lawyers and academics were trained in laws of these European countries, thus stunting the development of the philosophy.[1]

Definition

There is no specific definition for this philosophy, as it was not written down, however it is not to say it does not exist. It is spread across the vast African continent and built from communal practices (culture, tradition, custom, religion, laws, etc.) of society from each African state. At its most basic, African Legal Philosophy is influenced by the ontological assumptions (what is the nature of what exists) of African society. And it is determined by the integrated view that permeates through society.[2]

History

Although not known exactly when it started developing, it is an old philosophy, as it had shaped African thinking of philosophers like St Augustine (was born in 354 CE in Algeria) and Amo (was born in 1703 in Ghana). It's ideas were shaped by African thinking which were predominately oral tradition.[3]

Types

Ethnophilosophy It is based on communal thought and collective wisdom that is traditionally orally transferred. 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.[4] Sage philosophy It is based on the ideas of one person. It is 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.[5] Nationalistic-ideological philosophy It attempts to produce a unique political theory based on traditional African socialism. It seems to be neither capitalist nor socialist, but based on communalist. It is closely related to ideas like Black Consciousness and Senghor’s idea of “Negritude”.[6]

Themes & Criteria

•	- It’s built on a political theory tied to African socialism (Communitarianism). •	- To provide a safeguard for African social existence. •	- Favors a theory of law and adjudication. •	- It’s reconciliatory in nature (restoration of social equilibrium). •	- Most important it is built from a foundation of ubuntu, which speaks on the very essence of being human.