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Switch to: References
Citations of:
African Values, Human Rights and Group Rights: A Philosophical Foundation for the Banjul Charter
In Oche Onazi (ed.), African Legal Theory and Contemporary Problems: Critical Essays. Springer. pp. 131-51 (2014)
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Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...) |
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Much of the debate about post-secularism has presumed a background of Western countries and the sort of statutory law that legislatures should make, and how they should make it, in the light of residents’ religious attitudes and practices. In this chapter I address a fresh context, namely, that of South Africa and the way that courts have interpreted, and should interpret, law in the face of African traditional religions. Specifically, I explicate the fact that, by South Africa's famously progressive Constitution, (...) |
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In this chapter, I add to the new body of philosophical literature that addresses African approaches to just war by reflecting on some topics that have yet to be considered and by advancing different perspectives. My approach is two-fold. First, I spell out a foundational African ethic, according to which one must treat people’s capacity to relate communally with respect. Second, I derive principles from it to govern the use of force and violence, and compare and contrast their implications for (...) |
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Over the last two decades, the capabilities approach has become an increasingly influential theory of development. It conceptualises human wellbeing in terms of an individual's ability to achieve functionings we have reason to value. In contrast, the African ethic of ubuntu views human flourishing as the propensity to pursue relations of fellowship with others, such that relationships have fundamental value. These two theoretical perspectives seem to be in tension with each other; while the capabilities approach focuses on individuals as the (...) |
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Can an African ubuntu moral theory ground individual freedom and human rights? Although variants of ubuntu moral theory answer in the negative, asserting that the duties individuals owe the collective are prior to individual rights (since African thought places more emphasis on the collective), Metz’s recent articulation in this Journal of an African ubuntu moral theory promises to ground the liberal ideal of individual liberty. I pursue three distinct lines of argument in establishing the claim that Metz’s project fails to (...) |
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