A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most (...) influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights. (shrink)

Pearce's "African Philosophy and the Sociological Thesis" makes very interesting reading. Why it is interesting is not because it advances the frontiers of philosophical discourse in Africa or globally but because it shows that certain unwarranted dispositions die hard and that deliberate ignorance, if that is what is displayed, is hard to cure. In this article the author comments on the following contentions made by Pearce: (1) philosophy has no social relevance and/or responsibility; (2) philosophy is purely a linguistic activity (...) concerned with analysis of concepts and examination; (3) philosophy derives from religion; (4) because African philosophy cannot supplant world philosophy, it lacks locus and legitimacy; (5) African philosophy pursues intellectual apartheid through an ethnophilosophical agenda; and (6) African philosophy is vulnerable to the Sociological Thesis and is voided by it. The author's rebuttal consists of a critical and analytic examination of Pearce's views, counterfactual illustrations, and elicitation of enthymemic presuppositions. (shrink)

The paper has two complementary objectives. First, it sustains an analysis of the concept of ‘coloniality’ that accounts for the epistemic imbalance in the modern world, demonstrating precisely how Africa is adversely affected, having been caught up in the throes of coloniality and its epistemic implications. Second – and complementarily – the paper attempts to bring this very concept of ‘coloniality’ into the discourse on Africa’s emigration crisis, arguing that Africa’s emigration crisis is traceable, inter alia, to the epistemic imbalance (...) in the very structure of modernity. This imbalance results from the stifling of Africa’s epistemic resources under Western epistemic hegemony. Epistemic coloniality, of course interacting with some material factors, creates a sufficient condition for emigration. It is further theorized that the apparent lack of epistemic will on the part of Africans to mobilize some surviving epistemic resources to address some problems on their own is also a function of coloniality. (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various legal traditions elsewhere, and (...) as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

This paper attempts to respond to a call to find an ontological basis for establishing African legal theory. The African world of my choice is the Igbo world of South-east Nigeria. It is a world I want to examine to see how its material and theoretical structures help articulate a philosophy of law in terms of projecting a consistent understanding of law subjects and the foundations of their rights. The article builds on the contributions of F. U. Okafor and his (...) many African critics. (shrink)

Within the notion of punishment in the Yoruba culture, the physical and non-physical aspects of human existence are reconciled to arrive at a justifiable punitive action. The metaphysical presuppositions in Yoruba punitive system reflect a coherent interconnection among social structure, law and belief system for the harmonious human well-being of the individual and the community. Furthermore, the judicious imposition of punitive measures on the offender establishes the significance of attributing responsibility for every human action without antagonism and animosity. Nevertheless, the (...) offender, within the tradition, is restitutively reconciled with himself, the victim and the community at large. The social order based on these principles creates and modifies the contemporary understanding of penology and penal practice. (shrink)