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African Legal Philosophy
African Legal Philosophy (ALP is thought to have been in existence as early as 354CE and 1703. The first philosophers was from St Augustine and Amu from Ghana. Many believe that this philosophy is undocumented and does not exist, however African scholars such as Idowu rejected that idea arguing undocumented does not mean nonexistence. Different African countries followed their own approach. There is three types that have been identified. Ethnophilosphy is one characterized by community coming together and giving their own wisdom on the matters. This is done orally. The issue is decided by a community with their different inputs. Sage philosophy is based on one person’s idea. A wise person is identified and that person is trusted to bring ethical and legal issue to rest by deciding and is known to have the best interest of the community. This are also regarded as the legal philosophers. Nationalist-ideological philosophy is a political philosophy that is based on African communalism of black consciousness. This philosophy was found in ideas of politicians such as Julius Nyerere and Kwame Nkuruma, but are not legal. Themes in African Legal Philosophy are Religion, ethics, law and customs are closely intertwined and determine one another. Communitarianism takes precedence in African legal philosophy, the decision that are taken are based on community restoration and the good of the family (include ancestors and extended family). The interest of the family, community is more important than of the individual. The law is used for social, hence law and moral are not separated. ALP is based on reconciliatory theory of law so that restoration of order and social. Arbitration is preferred over litigation for social cohesion. The fairness and equality depend on the case and the impact of the results may affect the whole family. Ubuntu is a unique African concept that cannot be defined. Tutu had said that it cannot be translated to non- African language, however, in an essence it speaks of the very essence of being human. It is only operational if it used in Africa where it originates from. Although this concept is known to have widely used in South Africa it is an African concept that is used is different languages. This concept has been used in the constitutional court. The term has been used to highlight the right to dignity inherent to human rights, respect and humanity. The basic principle of ubuntu is community orientation in our behavior by looking after one another, reciprocity where community is obligated to look after each other as well as physical reality. The core value of ubuntu has been used in the constitutional court especially its emphasis on reconciliation and consensus. Ubuntu has also receive its fair share of criticism one it is said to have reached its end because its ideas are outdated and based on reminiscence, it is also said that it embeds patriarchy which is in conflict with the constitution. African community are hierarchical Critics of ALP says Africa is too diverse and different people have their own ideas and there can never be social consensus.  Tutu Desmond No future without forgiveness (Rider London 1999 31. I Kroeze IJ Legal philosophy 2017 Tutu Desmond No future without forgiveness (Rider London 1999 3