User talk:Sethokv

LJU4801: SEMESTER 1 2020PORTFOLIO ASSESSMENT 3 1. African Legal philosophy The first question to be answered is what are the features of African Legal philosophy? Where and when was it in existence? African legal philosophy is and old philosophy one of the philosophies was St Augustine an Algerian by births in 354 CE and Amo a Ghanaian who was born in 1703. It is still a developing philosophy and changing that’s why African countries due to colonialism have a mixed legal system. It is mostly influenced by African customary law, tribal custom and cultures. There are Eurocentric critic saying that the is no such thing as African legal philosophy because it is only a myth. 2. Features of African legal philosophy African legal philosophy is orally in nature, this philosophy is not written down original but now it has been written down like other Western philosophies that were orally transferred like Africa legal philosophy. It is clouded with customs which makes it difficult to differentiate it with the legal system that’s why it is said no legal system in it. The is relationship between law and morality that’s why it is said to be metaphysics. For it to be a philosophy it does not have to be Eurocentric in nature. 3. Different types of African legal philosophy Sage philosophy is based on the individual’s ideas. That is person who is believed to be wise by giving solutions to that society. Other scholars call sage philosophy a professional philosopher. Ethno philosophy is oral in nature. It is the collective ideas that are passed on from one generation to the other. It is mystical in nature. It cannot be changed and challenged. It is not individual ideas but rather hidden assumptions. Nationalistic ideological philosophy is communalism. The interests of society are more important than individual interests. This is African socialism.

4. Subjects African legal philosophy Communitarian Menkiti says “as far as Africans are concerned, reality of communal world takes over the individual life histories”. African society includes extended family and the deceased family. Society interests are important more than personal interests. Disputes are seen as a negative thing. Resolving disputes aims at restoring the peace in society. Members’ talents and skills are for the benefit of community. Law and morals go along together. History and culture plays important role in African legal philosophy. It is for social cohesion and society values. Reconciliatory theory the legal system in African legal philosophy is to reconcile the imbalance through conciliation. Punishment is meant to discipline but not for revenge. Society exercise arbitration and conciliation instead of litigation. A misconduct of an individual affects his or her family when it comes to the outcomes of adjudication. The is humanism character this means that it is group solidarity in nature. 5. The principle of Ubutu as a legal philosophical theory It is communitarian in nature on social relationship children must respect adults regardless of the relationship and in turn adults have parental role. Crime affects community at large and not individual victim alone. Reciprocity obligation is not only to family members but also neighbours and community at longer. The principle of people first is referential rights when it comes to service delivery. It is based on reality rather than metaphysic. Wrongdoer normal apologise to the victim and to the community in a public platform. When it comes in court Ubutu principle has find a place in the Constitution although it is not written in it. Criticism regarding Ubutu is that it means almost everything; it does not have specific definition.