User:Sistafyn/sandbox

 LEGAL PHILOSOPHY'Bold text

The definitionItalic text Legal philosophy is a field which studies the fundamental aspect of our world and our existence in a systematic and rational way.

african legal philosophyBold text' This field has existed for long in Africa, although it does not have documents,Idowu identified four possible attitudes towards African Legal Philosophy. those from Eurocentric point believe that African Legal Philosophy does not exists. it has communal thinking without written tradition. Kaphagawani responded to this by saying, some Western philosophies also came from communal thoughts.

The second group believe that it might have existed,but being unable to determine its contents or substance. They further believe that it was therefore possible to differentiate between rules and customs. In defending African Legal Philosophy, Idowu says they are ignorant. The third attitude believe that although African Legal Philosophy exists, it was not different from Western legal philosophy for an example in the debate on relationship between law and morality. The last attitude believe that there is a distinct African Legal Philosophy which does not have to follow Western legal philosophy.

Africa Legal Philosophy has different types e.g Ethnophilosophy which has a communal thought, wisdom is orally tranferred.Unlike the Western type, it is not based on systematic ideas of individuals. This relies on metaphisical assumptions and traditional african wisdom. Sage philosophy is based ideas of one person concerned with fundamental ethical and legal issues of their society and are able to give insight on solutions. Nationalistic- ideological philosophy produces political theory based on traditional African Socialism like ideas of Kwame Nkrumah. This is neither capitalist nor socialist, but African Communalism, this is closely related to black consciousness, communitarianism is like socialism.

In this concept,a communal is more important than an individual. The law should ensure social cohension and therefore it is difficult to separate law from morality. The law has to promote reconciliation. This is reconciliatory theory of law. In this concept punishment is for retribution nut to promote fair order. The concept of Ubuntu, which not clearly understood, is currently promoted by our courts. In this concept, the offender should acknowledge his wrong, have remourse, apologise and it is then that the victim decides to accept the apology and forgive the offender. This concept has been advocated by Desmond Tutu.

African Legal Philosophy is influenced by other philosophies, and it also influences others. Idowu argues that the idea in African Legal Philosophy are products of social reflections and agreements is derived from German Romanticism. Idowu says law should foster socio-political and economic equillibrium.

conclusion'Bold text''' There is no philosophy without criticism or detractors. This concept should build and improve the scope of African Legal Philosophy.African Legal Philosophy is a challenging subject and would wish to advise law students to join the field.


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