The late Kenyan Prof. H. Odera Oruka (1944-1995), from his base in the Department of Philosophy and Religious Studies at the University of Nairobi, contributed significantly to the growth of contemporary African philosophy, and helped locate African philosophy within the global philosophical discourse. His work in areas such as normative and applied ethics, political philosophy, epistemology, and, most notably, philosophic sagacity, continues to play a pivotal role in the current discourse on African philosophy. Prof. Oruka was also one of the (...) founders of Thought and Practice: A Journal of the Philosophical Association of Kenya. -/- The chapters in this volume examine various aspects of Oruka’s prolific contribution to philosophy in general, and to African philosophy in particular. Earlier versions of the chapters were presented at the three-day Odera Oruka International Symposium held from 19th to 21st November 2013, organised by the Department of Philosophy and Religious Studies at the University of Nairobi in collaboration with the Goethe Institute. (shrink)

Despite the end of the Cold War and the ascendancy of liberal democracy celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to its inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal democracy among (...) African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely, logical inconsistency, impracticability due to the largely communalistic outlook of many africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. -/- I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures. (shrink)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

In Japan, where a prominent gap exists in what is considered a patient’s best interest between the medical and patient sides, appropriate decision-making can be difficult to achieve. In Japanese clinical settings, decision-making is considered an act of choice-making from multiple potential options. With many ethical dilemmas still remaining, establishing an appropriate decision-making process is an urgent task in modern Japanese healthcare. This paper examines ethical issues related to shared decision-making (SDM) in clinical settings in modern Japan from the psychocultural-social (...) perspective and discusses the ideal decision-making process in present Japan. Specifically, we discuss how five psychocultural-social tendencies – “surmise (Sontaku),” “self-restraint (Jishuku),” “air (atmosphere or mood, Kuuki),” “peer pressure (or tuning pressure, Docho-Atsuryoku),” and “community (Seken)”—which have often been referred to as characteristics of present-day Japanese people, may affect the ideal practice of SDM in Japanese clinical settings. We conclude that health care professionals must be aware of the possible adverse effects of the above Japanese psychocultural-social tendencies on the implementation of SDM and attempt to promote autonomous decision-making, thereby allowing patients to make treatment choices that sufficiently reflect their individual and personal views of life, experiences, goals, preferences, and values. (shrink)

The representative institutions of democratic government require the public sphere; but this in turn rests on the fellow‐feeling of citizens. In this article, I explore some recent ways of fleshing out Mill’s thought that patriotic fellow‐feeling is instrumental for a form of trust that the public sphere requires. Deliberation, argument and negotiation in the public sphere require a willingness to discuss, alter one’s position, compromise with others, and do so in good faith and in the belief that other participants are (...) broadly also taking part in the same fashion. Since politics is a realm in which interests and identities clash, we have at least a prima facie reason to worry that others may in fact not be trustworthy in the desired way. Some potential for distrust is inherent in political deliberation, since it presupposes that there is some important conflict or disagreement that needs to be overcome through discussion: in other words, that I cannot simply rely on others to further my interests for the right reasons, or at all. While trust seems inherently problematic, political dialogue in the public sphere seems to require it from those who take part. I look at four accounts of the basis of democratic trust, viz. the communitarian, the ‘societal culture’ account, the public culture account, and what is known as the ‘constitutional patriotism’ account. In outline, my argument is that all four accounts fail to explain the basis of trust in the democratic sphere. I conclude that sharing a national identity still leaves the politics of trust to be negotiated by the participants concerned. (shrink)

This article offers a critical analysis of David Miller’s proposal that liberal immigration policies should be conceptualized in terms of a quasi-contract between receiving nations and immigrant groups, designed to ensure both that cultural diversity does not undermine trust among citizens and that immigrants are treated fairly. This proposal fails to address sufficiently two related concerns. Firstly, an open-ended, quasi-contractual requirement for cultural integration leaves immigrant groups exposed to arbitrary critique as insufficiently integrated and unworthy of trust as citizens. Secondly, (...) the focus on national culture instead of citizenship obfuscates the close link between political membership and political trustworthiness. An examination of two models of interpersonal trust, affective and cognitive,shows that there is no room for the mid-way position associated with a quasi-contract. The effect of grounding political trust in a shared national culture instead of democratic institutions is to normalize the domination of immigrants and citizens alike. (shrink)

Attitudes to questions of whether physician-assisted dying should be legalised in the UK, reflect one of the greatest challenges to moral stance in health care for both individuals and professional bodies, not least as indicated by public opinion. However, public opinion is a seductively deceptive notion, seemingly readily identifiable but in practice multifarious. At best, consensus regarding public opinion and assisted dying is illusory, sometimes transient and what is relevant in this matter is a comprehension of both majority (popular) opinion (...) and vocal dissent, but which do not them selves have a simple relationship with Parliamentary attitudes and legislation. Arguably, an increasingly important consideration to take account of is the influence of increasing population diversity. (shrink)

This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)

Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need to identify and integrate criteria of comparison. This is (...) precisely the aim of a theory of justice (such as John Rawls’s theory): identifying, integrating and ordering relevant principles of justice. The same integrated criteria that determine ‘perfect’ justice are needed to be able to adequately compare imperfect social states. Sen’s alternative approach, which is based on social choice theory, is incapable of avoiding contrary, indeterminate or incoherent directives where plural principles of justice conflict. (shrink)

This paper takes a conceptual look at cosmopolitanism and the related issue of what it means to be human in order to arrive at an alternative conceptual framework which is free from empiricist assumptions. With reference to a discussion on Homer’s Iliad , the author develops a ‘humanist’ model of discerning humanity. This model is then compared and contrasted with Martha Nussbaum’s version of cosmopolitanism. The notion of ‘aspect-seeing’ discussed by Wittgenstein in the second part of the Philosophical Investigations is (...) also examined in order to shed light on what it involves to discern humanity. Finally, racism is discussed from the philosophical perspective elaborated in order to highlight its distinctive conceptual features. It is hoped that this paper can refocus our attention on important issues concerning the basis of what it means to see human beings as human beings. (shrink)