User:Timeah Joy Muller (UNISA student no. 59169346)/sandbox

African legal philosophy differs from many Western legal systems in that it was mostly an oral tradition until recently, and had its origin in communal thinking. It reflects on human life and nature in more intuitive ways. This legal system is characterized by its oral tradition, communitarianism, reconciliation and a lack of separation between law, religion and morality. Therefore the religion and morals of the community will influence the decision of an adjudicator in African customary law. The purpose of adjudication in African societies is not retributive, like many Western systems, but reconciliatory, with the purpose of achieving social cohesion.In African legal tradition, there is a close relationship between the law, culture and religion. This legal system is characterized by its oral tradition, communitarianism, reconciliation and a lack of separation between law, religion and morality. Therefore the religion and morals of the community will influence the decision of an adjudicator in African customary law. The purpose of adjudication in African societies is not retributive, like many Western systems, but reconciliatory, with the purpose of achieving social cohesion.

African legal philosophy tries to answer the questions asked of all philosophies : 1. "What is the nature of what exists" (called the ontological question) followed by 2. "How do we know this" (the epistemological question). But Africa is a vast continent, and therefore all philosophers therein will not have the same views, here are three broad approaches to African philosophy in general, which in turn influence African legal philosophy: Ethnophilosophy - philosophy based on communal thought and collective wisdom, it is not based on systematic ideas of individuals. Examples are where sayings or metaphors are used to illustrate a philosophical point. Sage philosophy - this is the opposite of ethnophilosophy in that it is based on the ideas of a person and not collective thought. This refers to individuals who have the wisdom and ability to concern themselves with the fundamental ethical and legal issues of their society and offer insightful solutions (sages). They guide judgements by their personal reasoning powers and not community consensus. Nationalistic-idealogical philosophy- this attempts to produce a unique political theory based on traditional African socialism. While it is based on African communalism, an aspect of African legal philosophy, this is mainly more of a political than legal theory. Despite these different views, we can identify common themes of running through various African cultures and people groups which makes up African legal philosophy. African legal philosophy is influenced by the assumptions regarding the nature of things (or ontological assumptions) which are held by African societies. This is a very integrated view, in that religion, ethics, law and customs are closely intertwined and determine one another. In fact, it has been held that; "African positive law and (the) entire legal experience have metaphysical foundations." Communitarianism is another theme, and a very strong one, found in African legal philosophy. This view is based on the importance and significance of family in African societies. The community is always regarded as more important than the individual (this has also been called 'group theory'). This is why the law is seen as a safeguard of social existence and is used to bring social cohesion through reconciliation. Reconciliation is another important theme in African legal philosophy, the law aims to restore social balance, through conciliation, compromise and reconciliation, in contrast to the more adversarial nature of Western legal systems. 'Ubuntu' is an African concept which in general terms means humanity, humaneness, morality and compassion and stresses duties towards others, caring, warmth and co-operation. This concept is an important influence in African legal philosophy and legal rules in which communitarianism and consensus are emphasised.