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African Legal Philosophy
African Legal Philosophy (ALP) is the study of African jurisprudence which is known for being made up of unwritten laws and rules practiced amongst its many indigenous people all over Africa. Kroeze states that it has evolved through the introduction colonialism even though African philosophy span back to as early as 354 CE. ALP can be analysed according to the following: The nature of ALP Idowu describes four perceptions towards ALP with the first being a Eurocentric view that ALP does not exist due to it unwritten nature, which is rejected by African philosophers stating existence of historical concepts; secondly that ALP is only customs and not law of which Idowu rejects as speculation; thirdly that ALP have a similarity with Western legal philosophy due to similar debates on law and morality and fourthly Oruka argue that ALP is self-determining due to its grounded African foundations.

Approaches to ALP Bodunrin states that there are three approaches starting with Ethnophilosophy which rely on communal African customs and wisdom that is transferred from one generation to another. Secondly there is Sage philosophy which is more based on the ideas of the individual normally known as “wise persons” because of their knowledge of dealing with most subject matters affecting their community. Lastly the Nationalistic-ideological philosophy which is more based on political ideology closely related to Black Consciousness and African socialism.

Themes in ALP The ALP themes consist of communitarianism which operates more on political ideology tied to African socialism. The community is regarded as essential for achieving collective goals hence it advocates for maintenance of peace and stability and sharing to benefit all as a principle of solidarity and social cohesion. Strong belief that law and morality is inseparable. But Gyeke cautions against its total practise in order to accommodate individual rights and self-realisation.

Second theme is reconciliation which is based on philosophy of reconciliatory instruments for the restoration of peace and prosperity in order to restore balance in disputes. Retributive punishment is avoided in place of restorative justice. Social nature of law means the whole family attracts punishment.

And lastly Ubuntu which is regarded as the most significant ALP theme and held to high esteem in African jurisprudence. It embraces communitarianism as far as social cohesion and supports community unity and respect irrespective of family ties. Neighbours and the community at large have an obligation against each other reciprocally. Rights are regarded as rational to ensure unity and cooperation amongst all. Physical reality assists with ensuring interaction amongst all to solve differences. Conciliation and consensus are important for the survival of this theme. Critiques stress that hierarchical in traditionalist communities which may hamper on gender equality and the concept have not been reviewed and bars outsiders from challenging its principles.

References Kroeze IJ. 2017. Legal Philosophy Only Study Guide LJU4801. Unisa, Pretoria 133. Idowu W. 2006. “These ideas are missing in the idea of law as reconciliation and as such reduce the force of legality” Cambrian Law Review 6-10. Oruka HO. 1991. Philosophy, humanity and ecology. Nairobi: ACTS Press. Bondunrin PO. 1981. The question of African philosophy. Philosophy 161. Khapangwani DN. 1988. “What is African Philosophy?” in Coetzee PH and Roux APJ The African philosophy reader. London, 93. Njoku FOC. 2004. Development and African philosophy: a theoretical reconstruction of African socio-political economy. Universe Lincoln. Idowu W. 2006. “These ideas are missing in the idea of law as reconciliation and as such reduce the force of legality” Cambrian Law Review 11. Gyeke K. 1998. “Person and community in African thought”. in Coetzee PH and Roux APJ Philosophy from Africa: A text with readings. Johannesburg: Thomas Publishing. 317. Agbakoba and Nwauche. 2006. “Call this the restorative principle of punishment”. Cambrian Law Review. 73. Radebe SB and Phooko MR. 2017. “Ubuntu and the law in South Africa: Exploring and understanding the substantive content of Ubuntu” South African Journal of Philosphy. 1-13. Matolino B and Kwindingwe W. 2013. “The end of Ubuntu”. South African Journal of Philosophy. 197-205.