Henry Richardson has recently published the first book ever devoted to ancillary care obligations, which roughly concern what medical researchers are morally required to provide to participants beyond what safety requires. In it Richardson notes that he has presented the ‘only fully elaborated view out there’ on this topic, which he calls the ‘partial-entrustment model’. In this article, I provide a new theory of ancillary care obligations, one that is grounded on ideals of communion salient in the African philosophical tradition (...) and is intended to rival and surpass Richardson’s model, which is a function of Western considerations of autonomy. I argue that the relational approach of the former has several virtues in comparison to the basic individualism of the latter. (shrink)

I seek to advance plausible replies to the several criticisms Kai Horsthemke makes of ‘African Modal Relationalism’, his label for my theory of animal rights with a sub-Saharan pedigree. Central to this view is the claim that, roughly, a being has a greater moral status, the more it is in principle capable of relating communally with characteristic human beings. Horsthemke maintains that this view is anthropocentric and speciesist, is poorly motivated relative to his egalitarian-individualist approach, and does not have the (...) implications that I contend. I aim to rebut these and related criticisms, contending that African Modal Relationalism is in fact a promising way to philosophically ground animal rights. (shrink)

In this article, I address some central issues in journalism ethics from a fresh perspective, namely, one that is theoretical and informed by values salient in sub-Saharan Africa. Drawing on a foundational moral theory with an African pedigree, which is intended to rival Western theories such as Kantianism and utilitarianism, I provide a unified account of an array of duties of various agents with respect to the news/opinion media. I maintain that the ability of the African moral theory to plausibly (...) account for issues such as proper content, investigative ethics, and freedom of speech means that it should be taken seriously by media ethicists and merits being paired up against competing approaches in future work. (shrink)

South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets of (...) the dispute. I argue that the law is unjust and should be revised. (shrink)

Bioethics has now become a burgeoning interdisciplinary field of scholarly investigation which has in the past decades migrated from bedside consultations to public policy debates and wider cultural and social consultations that privilege all discourse about everyday life issues. It has made exponential progress in addressing moral issues in science, technology and medicine in the world. In spite of this progress, core bioethics issues, approaches and values are still exclusively Western dominated and largely foreign to most African societies. Although medical (...) ethics has existed since the time of Hippocrates, in Africa, there is a noted sluggish growth and low prestige of ethics education as bioethics is not taught in most higher educational systems of learning, low understanding of its processes as researchers manifest a general lack of appreciation for bioethics and general ignorance characterize those involved in research about ethical practices. This is unfortunate, considering that various research that aim at finding solutions to the multiple problems affecting African societies and the need to address and assess these problems in ethical terms are of crucial importance to Africans. In this work, I argue that Africa lacks human, institutional, infrastructural capacities and a real African authenticity in bioethics. Additionally, African views on bioethics are neither sufficiently developed nor heard. Africans need to confront these current challenges of bioethics to their lives and communities and to develop African conceptions to incorporate African specificities and approaches. (shrink)

In her essay ‘The Curious Coincidence of Feminine and African Moralities’ (1987), Sandra Harding was perhaps the first to note parallels between a typical Western feminist ethic and a characteristically African, i.e., indigenous sub-Saharan, approach to morality. Beyond Harding’s analysis, one now frequently encounters the suggestion, in a variety of discourses in both the Anglo-American and sub-Saharan traditions, that an ethic of care and an African ethic are more or less the same or share many commonalities. While the two ethical (...) perspectives are indeed sisters, in this article I argue, first, that they are not identical twins, and, more strongly, that the family resemblance between the two is significantly less than has been recognized. I highlight key differences between representative forms of an ethic of care and a sub-Saharan communitarian morality, after which I argue, second, that the latter better captures some central feminist concerns and moral considerations generally. That is, I maintain that an African ideal of community, when understood in a philosophically refined way, provides an important, relational corrective to the ethic of care. (shrink)

The dominant conceptions of moral status in the English-speaking literature are either holist or individualist, neither of which accounts well for widespread judgments that: animals and humans both have moral status that is of the same kind but different in degree; even a severely mentally incapacitated human being has a greater moral status than an animal with identical internal properties; and a newborn infant has a greater moral status than a mid-to-late stage foetus. Holists accord no moral status to any (...) of these beings, assigning it only to groups to which they belong, while individualists such as welfarists grant an equal moral status to humans and many animals, and Kantians accord no moral status either to animals or severely mentally incapacitated humans. I argue that an underexplored, modal-relational perspective does a better job of accounting for degrees of moral status. According to modal-relationalism, something has moral status insofar as it capable of having a certain causal or intensional connection with another being. I articulate a novel instance of modal-relationalism grounded in salient sub-Saharan moral views, roughly according to which the greater a being's capacity to be part of a communal relationship with us, the greater its moral status. I then demonstrate that this new, African-based theory entails and plausibly explains the above judgments, among others, in a unified way. (shrink)

This essay describes and critically evaluates a co-operative educational program to train Ugandan health care workers in bioethics. It describes one bottom-up effort, a week-long intensive workshop in bioethics provided by the authors to health care professionals in a developing country—Uganda. We will describe the background and circumstances that led to the organization of the workshop, and review its planning, design, curriculum, and outcome. We will focus especially on measures taken to make the workshop relevant for the audience of Ugandan (...) professionals, and describe lessons learned after two presentations of the workshop. Finally, we will discuss the strengths and weaknesses of such a format, and its potential value in raising bioethical expertise in developing countries. (shrink)

One of the key ethical and political issues in South Africa today is the decolonization of education. In 2015, a movement called Rhodes Must Fall was born in South Africa precisely with the purpose of engaging in activism to promote this decolonization. The Rhodes Must Fall movement to further this purpose engaged in some violent protests. The objective of this article is to assess whether South Africans are justified to believe that these protests can or cannot be morally justified from (...) the perspective of Ubuntu. To explore this question, I assess the morality of the actions using a consequentialist interpretation of African values. I contend that the symbolic violent protests of the Rhodes Must Fall movement were morally justified, whereas its indiscriminate violent protests were not. Hence, I do not myself mean to defend the position they are morally justified; instead, I wish to show that it is a moral implication of African values. (shrink)

This essay is a lengthy response to six contributors to a special issue edited by Adeshina Afolayan and devoted to critical discussions of _A Relational Moral Theory: African Ethics in and Beyond the Continent_. Key topics include: the proper role of metaphysics when doing moral philosophy; the appropriate aims of moral philosophy in the light of relational values and properties; the ir/relevance of imperceptible agents for an African ethic; the un/attractiveness of the principle that one morally should promote the common (...) good; the nature of virtue (vice) and its relation to rightness (wrongness); and how to capture self-regarding virtues and duties to oneself theoretically. (shrink)

Under what circumstances if ever ought we to grant that Artificial Intelligences (AI) are persons? The question of whether AI could have the high degree of moral status that is attributed to human persons has received little attention. What little work there is employs western conceptions of personhood, while non-western approaches are neglected. In this article, I discuss African conceptions of personhood and their implications for the possibility of AI persons. I focus on an African account of personhood that is (...) prima facie inimical to the idea that AI could ever be ‘persons’ in the sense typically attributed to humans. I argue that despite its apparent anthropocentrism, this African account could admit AI as persons. (shrink)

Reprint of an article that first appeared in Monash Bioethics Review (2018).

A trend called ‘African bioethics’ is growing on the continent due to perceptions of existing bioethics, especially guidelines for international collaborative research, as ‘ethical imperialism’. As a potential alternative to ‘Western Principlism,’ ‘African bioethics’ is supposed to be indigenous to Africa and reflective of African identity. However, despite many positive insights in the on-going discussions, it is feared that the growth of bioethics in Africa lacks a clear direction. Some of the views threaten to distort the essence of bioethics and (...) its development on the continent. This paper presents some of the dominant views on ‘African bioethics’, an examination of which reveals some valuable insights into the direction bioethics in Africa ought to take, but at the same time confirms some methodological challenges in some contributions to the discussion. On top of acknowledging critical insights in the discussion, the paper reveals that some views are characterized by arbitrariness and rhetorical discussions based on a strong negative and yet hard-to-accept assumption; doubtful designation; lack of a clearer problem being addressed and consequently obscure question and aim of the discourse. Finally, some methodological insights are proposed to guide bioethics research and scholarship in Africa. Specifically, the paper proposes that in search for the legitimacy of bioethics in Africa, we ought to protect the essence of bioethics by giving considerable attention to the utility of subsequent bioethics. To achieve this we need to specify the problem and proper designation for the discourse; focus on principles qua principles with impartiality and how to ensure their strict implementation; and encourage critical thinking as part of bioethics. In cultivating bioethics in Africa, the pursuit of identity is legitimate but must be conditional in light of other competing considerations. We should focus on an objective search for bioethical principles that can be effective in responding to African and global health challenges of moral significance, irrespective of the origin of the principles and at the same time focus more on strategies for ensuring compliance with resulting principles. (shrink)

In this article I address the question of what makes addiction morally problematic, and seek to answer it by drawing on values salient in the sub-Saharan African philosophical tradition. Specifically, I appeal to life-force and communal relationship, each of which African philosophers have at times advanced as a foundational value, and spell out how addiction, or at least salient instances of it, could be viewed as unethical for flouting them. I do not seek to defend either vitality or community as (...) the best explanation of when and why addiction is immoral, instead arguing that each of these characteristically African values grounds an independent and plausible account of that. I conclude that both vitalism and communalism merit consideration as rivals to accounts that Western ethicists would typically make, according to which addiction is immoral insofar as it degrades rationality or autonomy, as per Kantianism, or causes pain or dissatisfaction, à la utilitarianism. (shrink)

There has been the recurrent suspicion that community, harmony, cohesion, and similar relational goods as understood in the African ethical tradition threaten to occlude difference. Often, it has been Western defenders of liberty who have raised the concern that these characteristically sub-Saharan values fail to account adequately for individuality, although some contemporary African thinkers have expressed the same concern. In this chapter, I provide a certain understanding of the sub-Saharan value of communal relationship and demonstrate that it entails a substantial (...) allowance for difference. I aim to show that African thinkers need not appeal to, say, characteristically Euro-American values of authenticity or autonomy to make sense of why individuals should not be pressured to conform to a group’s norms regarding sex and gender. A key illustration involves homosexuality. (shrink)

In this article, I attempt to bridge the gap between partiality and impartiality in moral philosophy from an oft-neglected African perspective. I draw a solution for this moral-theoretical impasse between partialists and impartialists from Kwasi Wiredu's, one of the most influential African philosophers, distinction between an ethic and ethics. I show how an ethic accommodates partiality and ethics impartiality. Wiredu's insight is that partialism is not concerned with strict moral issues. -/- .

In this article, I question the plausibility of Metz’s African moral theory from an oft-neglected moral topic of partiality. Metz defends an Afro-communitarian moral theory that posits that the rightness of actions is entirely definable by relationships of identity and solidarity (or, friendship). I offer two objections to this relational moral theory. First, I argue that justifying partiality strictly by invoking relationships (of friendship) ultimately fails to properly value the individual for her own sake – this is called the ‘focus (...) problem’ in the literature. Second, I argue that a relationship-based theory cannot accommodate the agent-related partiality since it posits some relationship to be morally fundamental. My critique ultimately reveals the inadequacy of a relationship-based moral theory insofar as it overlooks some crucial moral considerations grounded on the individual herself in her own right. (shrink)

Reprint of an article that initially appeared in _Ethical Theory and Moral Practice_ (2012).

Contrary to a pervasive presumption of anthropocentricism in African thought, I identify an emphasis on the interrelatedness or interconnectedness of everything in nature, and argue that this is best construed as a rejection of anthropocentrism, and as something similar in conception to, and yet distinct from, holist perspectives. I propose that this strand of African thought, suitably reconstructed, should be construed as providing the basis for a promising non-anthropocentric African environmentalism. I name this position 'African Relational Environmentalism', and suggest that (...) it is what distinguishes this position from holism that can most enrich environmental ethics. -/- . (shrink)

International codes of ethics play an important role in guiding professional practice in developing countries. In the occupational health setting, codes developing by international agencies have substantial import on protecting working populations from harm. This is particularly so under globalisation which has transformed processes of production in fundamental ways across the globe. As part of the process of revising the Ethical Code of the International Commission on Occupational Health, an African Working Group addressed key challenges for the relevance and cogency (...) of an ethical code in occupational health for an African context through an iterative consultative process. (shrink)

This article draws on key normative principles grounded in important values – solidarity, partiality and friendliness – in African philosophy to think critically and deeply about the ethical challenges around returning individual genetic research findings in African genomics research. Precisely, we propose that the normative implication of solidarity, partiality and friendliness is that returning findings should be considered as a gesture of goodwill to participants to the extent that it constitutes acting for their well-being. Concretely, the value of friendliness may (...) imply that one ought to return actionable results to participants even when their preferences regarding feedback are unknown. Notwithstanding, returning individual genetic results will have a cost implication. The cost of feeding back is relevant in the context of African genomics research projects, which are often funded by international sponsors and should be researched further. (shrink)

In this article, I question the plausibility of Metz’s African moral theory from an oft neglected moral topic of partiality. Metz defends an Afro-communitarian moral theory that posits that the rightness of actions is entirely definable by relationships of identity and solidarity. I offer two objections to this relational moral theory. First, I argue that justifying partiality strictly by invoking relationships ultimately fails to properly value the individual for her own sake – this is called the ‘focus problem’ in the (...) literature. Second, I argue that a relationship-based theory cannot accommodate the agent-related partiality since it posits some relationship to be morally fundamental. My critique ultimately reveals the inadequacy of a relationship-based moral theory insofar as it overlooks some crucial moral considerations grounded on the individual herself in her own right. (shrink)

This paper addresses whether, and to what extent, the African ethic of Ubuntu can contribute to ethical thinking in general and provide an alternative to stakeholder theory specifically. The conception of Ubuntu that is employed to further the analysis is Thaddeus Metz’s Ubuntu principle of right action, which focuses on promoting harmonious social relations premised on a shared identity and solidarity amongst people. This principle is used to develop an Ubuntu heuristic for organisational decision-making, which serves as the basis for (...) a relationholder theory. It is argued that this relationholder theory can overcome the weaknesses identified with a libertarian account of stakeholder theory, as well as serve as a profitable framework for determining both the purpose of the firm, and the responsibilities that management has towards those parties who affect, and who are affected by, the firm. (shrink)

Public health decisions made by the state involve considerable disagreements on the course of actions, uncertainties, and compromises that arise from moral tensions between the demands of civil liberties and the goals of public health. With such complex decisions, it can be extremely difficult to arrive at and justify the best option. In this article, we propose an ethical decision-making framework based on the philosophy of Ubuntu and argue that in sub-Saharan African settings, this approach provides attractive alternative conventions of (...) moral decision-making and a useful language for understanding moral reasoning and ethics. Through its emphasis on humanity, compassion, and social responsibility, Ubuntu (“I am because we are”) has the potential to facilitate solutions to and avert conflicts between individual rights and public health. The use of Ubuntu shifts the moral reasoning and ethics of decision-making from a field of philosophy shaped by the global north, to the everyday values, decision-making, and consequent practices of people in much of Africa. Using examples of Ebola, pandemic influenza, and tuberculosis, we illustrate how Ubuntu can be applied to tackle conflicting ethical problems in public health and medicine. (shrink)

Philosophy adds humanness to nursing and facilitates holistic care. Philosophies like Ubuntu which purports that a person is only a person through other people and emphasises community cohesion and caring for each other can add humanness to nursing. Because Ubuntu validates subjective experience and its meaning in the lifeworld, it exemplifies the basis of holistic and individualised caring in nursing. Although nurses can make their own philosophy through critical reflexivity, the convergent point is the goal of meaningful caring that is, (...) sustaining health and the well‐being of patients and significant others. Philosophy transcends job description, it encompasses visceral experience, personal beliefs and goals, resulting in purpose and deeper meaning to the nursing profession of caring as emulated by Florence Nightingale. While contemporary philosophy has been met with criticism as being detached from human concern, narrowly focussed and technical, it evokes critical thinking and promotes sociality in nursing practice. The Covid‐19 pandemic vividly brought philosophy to the fore as nurses sacrificially and vulnerably rose to the challenge of caring not only for the sick, but also for families who through infection control measures were deprived of sociality. This paper argues that philosophy adds humanness and substance to nursing in the context of COVID‐19. (shrink)

We identify the ways the policies of leading international bioethics journals limit the participation of researchers working in the resource-constrained settings of low- and middle-income countries in the development of the field of bioethics. Lack of access to essential scholarly resources makes it extremely difficult, if not impossible, for many LMIC bioethicists to learn from, meaningfully engage in, and further contribute to the global bioethics discourse. Underrepresentation of LMIC perspectives in leading journals sustains the hegemony of Western bioethics, limits the (...) presentation of diverse moral visions of life, health, and medicine, and undermines aspirations to create a truly “global” bioethics. Limited attention to this problem indicates a lack of empathy and moral imagination on the part of bioethicists in high-income countries, raises questions about the ethics of bioethics, and highlights the urgent need to find ways to remedy this social injustice. (shrink)

In the current era patient autonomy is enormously important. However, recently there has also been some movement back to ensure that trust in the doctor's skill, knowledge and virtue is not excluded in the process. These new nuances of informed consent have been referred to by terms such as beneficent paternalism, experience-based paternalism and we would add virtuous paternalism. The purpose of this paper is to consider the history and current problematic nature of counselling and consent. Starting with the tradition (...) founded by Hippocrates we trace and seek to understand how relevant aspects of the patient-doctor relationship have evolved under the influences of subsequent moral theories. Finally we tentatively endorse certain modes of counselling in the current era in order to promote morally sound, good clinical practice. (shrink)

In Debating Brain Drain, Gillian Brock and Michael Blake both draw on a liberal moral- political foundation to address the issue, but they come to different conclusions about it. Despite the common ground of free and equal persons having a dignity that grounds human rights, Brock concludes that many medical professionals who leave a developing country soon after having received training there are wrong to do so and that the state may place some limits on their ability to exit, whereas (...) Blake infers that there is neither any wrongdoing on their part, nor rightful restrictions placed on them. In this article, rather than sort out which has the better interpretation of what liberalism entails, I consider the medical brain drain in light of an alternative normative framework, one informed by ideals of communion salient in the sub-Saharan moral tradition. I argue that a principle of prizing communal relationships more naturally entails Brock's conclusions than does her appeal to liberalism. (shrink)

The issue of benefits in international clinical research is highly controversial. Against the background of wide recognition of the need to share benefits of research, the nature of benefits remains strongly contested. Little is known about the perspectives of research populations on this issue and the extent to which research ethics discourses and guidelines are salient to the expectations and aspirations existing on the ground. This exploratory study contributes to filling this void by examining perspectives of people in low-income South (...) African communities on benefits in international clinical research. Twenty-four individuals with and without experience of being involved in clinical research participated in in-depth interviews. Respondents felt that ancillary care should be provided to clinical research participants, while a clinical study conducted in particular community should bring better health to its members through post-trial benefits. Respondents' perspectives were grounded in the perception that the ultimate goal of international clinical research is to improve local health. We argue that perspectives and understandings of the respondents are shaped by local moral traditions rather than clinical research specificities and require attention as valid moral claims. It is necessary to acknowledge such claims and cultural worlds from which they emerge, thus building the foundation for equal and embracing dialogue to bridge different perspectives and handle contradicting expectations. (shrink)

A world faced with global climate change needs actionable ways to curb its effects. We suggest that Ubuntu philosophy is a way to achieve peaceful coexistence between humans and the ecosystem. From an African perspective, we use Ubuntu philosophy’s concepts to understand how humans can create environmental policies and environmental education pedagogy. We use historical ecology and document review to explore the connections between humans, ecology, and Ubuntu philosophy. An understanding of how philosophy and ecology relate is proposed to fill (...) the gap in the cosmological premise between the African person and ecology. The study first sets out a relational model of humans and the ecosystem, then applies the ecology of education to environmental policy formulation. The research demonstrates that humanness with humaneness and collectivism, afro-eco-communitarianism, Ubuntu consensus politics, and Ubuntugogy are concepts underlying how the essence of Ubuntu philosophy can inform an ecofriendly society. The ethno-philo-cological underpinnings help conceptualize these concepts of community. Finally, the study’s conclusion shows how the concepts of Ubuntu philosophy suggest ways to improve environmental education and policy formulation. Climate concerns can be resolved by handing responsibility to the community. (shrink)

A child is a developing person with evolving capacities that include autonomy, mental capacity and capacity to assume responsibility. Hence, children are entitled to participatory rights in South Africa as observed in the Children’s Act 38 of 2005. According to section 129 of the Act a child may consent to his or her own medical treatment provided that he or she is over the age of 12 years and is of sufficient maturity and decisional capacity to understand the various implications (...) of the treatment including the risks and benefits thereof. However, the Act does not provide a definition for what qualifies as ‘sufficient maturity’ nor does it stipulate how health professionals ought to assess the decisional capacity of a child. In addition, South Africa is a culturally diverse country. The Western liberal notion of autonomy may not necessarily find equal prominence in the mores of people with a different worldview. Hence we demonstrate a few salient comparisons between legal liberal moral theory and African communitarianism as pertinent to the autonomy of the child. Children are rights-holders by virtue of their humanity. Their dignity as individual human persons affords them the entitlement to human rights as contemplated under the Constitution of the Republic of South Africa. However, contrary to the traditional Western notion of individual autonomous persons African societies hold a communalistic notion of person hence there is less regard for individual autonomy and rights with more emphasis on the communal good and maintaining the continuity of relationships and interdependencies shared within a community. A child considered in this view is not regarded as a full person. This implies that decisions concerning the child, including consent to medical treatment are discussed and determined by the community to which the child belongs. Lastly, in this article, we draw on the notion of capacity for responsibility to produce a pragmatic definition of sufficient maturity. It seems reasonable to suggest a move away from a general legal age of consent for medical treatment toward more individualised, context-specific approaches in determining the maturity of a child patient to consent to medical treatment. Perhaps, decision-making with respect to consent to the medical treatment of a child belonging to a traditional African community where the notion of a person is embedded in communitarianism ought to involve the child’s parents/guardians/caregivers where possible provided that the best interests of the child are awarded priority. (shrink)

To date, existing studies on paltering argue the thesis that paltering is never ethically justifiable; it is akin to deception, since one uses truthful statements with an intention to deceive. This study contends the above essential description and rather argues the thesis: it is a hasty generalisation to conclude that just because paltering has been employed in some fields such as the fields of negotiation and politics to deceive, it is therefore synonymous with deception. Specifically, I show in this study (...) that paltering does not necessarily imply deception, and is distinct from lying. And following a particular interpretation of a moral theory from the global South – ubuntu – paltering is a justified (as well as ethically acceptable) non-disclosure strategy when truthful disclosure would harm one’s relational capacity or jeopardise social cohesion. I am optimistic that this study makes a conceptual contribution to ethical literature on paltering, and introduces fresh perspective to the same by showing how an African moral theory may be used to evaluate paltering. (shrink)

African ethical theories tend to hold that moral agents ought to be partial, in the sense that they should favour members of their family or close community. This is considered an advantage over the impartiality of many Western moral theories, which are regarded as having counterintuitive implications, such as the idea that it is unethical to save a family member before a stranger. The partiality of African ethics is thought to be particularly valuable in the context of bioethics. Thaddeus Metz, (...) in particular, argues that his African-derived theory best accounts for a number of plausible intuitions, such as the intuition that health care practitioners ought to be biased towards the patients for whom they are directly responsible. In this article, I claim that the plausible intuitions drawn on in favour of partiality can be satisfactorily explained on the basis of impartial moral theories. Moreover, I argue that blanket acceptance of partiality has problematic consequences for distributive justice in resource allocation in biomedical contexts. By contrast, impartial theories can justify plausible instances of partiality whilst avoiding the pitfalls of fully partial moral theories. Although this provides grounds for abandoning partiality in principle, I claim that this finding should not be seen as damaging to African medical ethics. Instead, it prompts investigation of underexplored possibilities of impartial African moral theories. To demonstrate the value of this direction, I sketch some novel and attractive conceptions that combine impartiality with elements of African ethics. (shrink)

This paper analytically reflects and x-rays the African perspective of just war using human act valuation as the basis of argument. In the wake of time, philosophers, psychologists and ethicists have differentiated between two kinds of actions, namely human action and action of man. Accordingly, man is convinced that he is different from the rest of the animal family; hence he acts at a level which dogs, for example, cannot attain. In any case, man does not always act as a (...) man; his activity is not always stamped by what distinguishes him from other beings, namely rationality. Sometimes, he acts at the level he shares with other living beings; in other words, his activity at this level is ruled by a natural necessity or determined in the sense that doings at this sphere are not called actions, for they are ‘instinctive, thoughtless movement, mannerisms, reflex actions, or what is done under the influence of psychic constraints, hypnotic suggestions or demented frenzy etc.’ Such actions are rightly called actions of a human being, since their source is that bodily and spiritual individual who is called Peter, Paul, etc., but they are not human actions per se. They do not express the individual being; they do not proceed from him precisely as a human being. The only genuinely human action is the one which a human being performs in virtue of what distinguishes him from other beings. Since this is nothing other than reason, or rather, rationality, human actions are the actions which are performed when he acts as a rational being. Therefore, human acts are those actions of man that have their source in man’s rationality or spirituality, understood in terms of human’s interiority from which his activities flow. Beyond this, the African has got another sense of human act valuation, which is community-based or community-centered. In line with this, an attempt is made here to demonstrate how just war can be determined through human act valuation using the Igbo-African perspective as a case study. (shrink)

ABSTRACT The current COVID-19 pandemic is likely to have a strong negative impact on African countries. This is due to the fact that poverty has reduced the ability of these countries to implement health measures that are necessary to address the pandemic. In this article, I contend that colonialism has a role to play in this reduced ability to respond to the current crisis. Hence I argue that Ubuntu ethics imposes responsibility on European governments to aid Africans during this period.

This thesis discusses implications of framing bioethical concerns in international legal discourse. It starts from the observation that legal approaches to questions of bioethical relevance have become dominant frameworks for addressing many bioethical concerns at the international level. In particular, the UN General Assembly has long attempted to regulate human cloning processes through an international Convention. Similarly, UNESCO and the Council of Europe have both addressed a variety of bioethically relevant issues, such as the processing of human genetic data, the (...) ethics of research or organ transplantation within international legal standards. It is in the context of this strong connection between international law, international legal discourse and bioethics that this thesis seeks to analyse what exactly happens when issues of bioethical relevance are discussed within such a framework, how this affects the way bioethical issues are conceptualized, conceived of and dealt with, and, ultimately, how well-suited or successful international legal discourse is in its attempt to resolve current bioethical questions. Following the methodological approach of discourse theory, this thesis bases its analysis on the assumption that where and when international legal standards, as manifestations of an international legal discourse, serve as framework for bioethical debate that also somewhat defines how bioethically relevant issues are approached, thought of and dealt with within that framework, that it somewhat determines what methods are used to resolve such issues and that it somewhat limits the range of conceivable and viable solutions to these issue. The thesis thereby does not aim to demonise or abrogate legal approaches to bioethics and it does not understand the implications discussed in this thesis to be necessarily good or bad. To the contrary, it will be shown that legal approaches to bioethics can and have contributed to the development of the field in several important ways. Yet, this thesis also shows that it is worthwhile to closely examine implications that follow from a specific legal approach to bioethical issues as these implications are not always easily perceived. Given the important, and often dominant or near exclusive role of international law and legal discourse in the area of bioethics as well as the former's strong influence on bioethical debates as a whole, the implications of addressing questions of bioethical relevance within an international legal discourse should at least be understood and acknowledged, a contribution that this thesis aims to make. Moreover, only if these implications are understood is it possible to ask whether engaging in that type of discourse is at all a valuable enterprise and whether or not international legal standards directly addressed to questions of bioethical relevance constitute a suitable means to effectively address questions in the area of bioethics. (shrink)

Background: International codes of ethics play an important role in guiding professional practice in developing countries. In the occupational health setting, codes developed by international agencies have substantial import on protecting working populations from harm. This is particularly so under globalisation which has transformed processes of production in fundamental ways across the globe. As part of the process of revising the Ethical Code of the International Commission on Occupational Health, an Africa Working Group addressed key challenges for the relevance and (...) cogency of an ethical code in occupational health for an African context through an iterative consultative process. Discussion: Firstly, even in the absence of strong legal systems of enforcement, and notwithstanding the value of legal institutionalisation of ethical codes, guidelines alone may offer advantageous routes to enhancing ethical practice in occupational health. Secondly, globalisation has particularly impacted on health and safety at workplaces in Africa, challenging occupational health professionals to be sensitive to, and actively redress imbalance of power. Thirdly, the different ways in which vulnerability is exemplified in the workplace in Africa often places the occupational health professional in invidious positions of Dual Loyalty. Fourth, the particular cultural emphasis in traditional African societies on collective responsibilities within the community impacts directly on how consent should be sought in occupational health practice, and how stigma should be dealt with, balancing individual autonomy with ideas of personhood that are more collective as in the African philosophy of ubuntu. To address stigma, practitioners need to be additionally sensitive to how power imbalances at the workplace intersect with traditional cultural norms related to solidarity. Lastly, particularly in the African context, the inseparability of workplace and community means that efforts to address workplace hazards demand that actions for occupational health extend beyond just the workplace. Summary: A stronger articulation of occupational health practice with advocacy for prevention should be an ethical norm. Ethical codes should ideally harmonize and balance individual and community needs so as to provide stronger moral authority guidelines. There is a need to consider an African Charter on Bioethics as complementary and strengthening of existing codes for the region. (shrink)