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)

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)

Animal advocates world-wide have been accused of campaigns immured in racism. Some authors have argued that for animal advocates to avoid this accusation they should simultaneously engage with racial discrimination issues when advocating for animal welfare/rights. This prescription has been mostly explored in the context of the Global North and by looking at Western normative theory. In this article I address this issue but by looking at the context of South Africa and analysing the prescriptions from an Afro-communitarian ethic. I (...) conclude that this ethic prescribes that there is a positive duty to engage in racial discrimination issues and, if one does not do so, a violation of some negative duties occurs. (shrink)

Communalism and its cognates continue to exercise a vise grip on the African intellectual imaginary. Whether the discussion is in ethics or social philosophy, in metaphysics or even, on occasion, epistemology, the play of communalism, a concept expounded in the next section, is so strong that it is difficult to escape its ubiquity. In spite of this, there is little serious analysis of the concept and its implications in the contemporary context. Yet, at no other time than now can a (...) long-suffering continent use some robust debates on its multiple inheritances regarding how to organize life and thought in order to deliver a better future for its population. Given the continual resort to communalism as, among others, the standard of ethical behavior, the blueprint for restoring Africans to wholeness and organizing our social life, as well as a template for political reorganization across the continent, one cannot overemphasize the importance of contributing some illumination to the discourse surrounding the idea. This essay seeks to offer a little illumination in this respect. Additionally, it offers a criticism of what all—proponents and antagonists alike—take to be a defensible version of communalism: moderate communalism. I shall be arguing that communalism, generally, has a problem with the individual. And the African variant of it, mostly subscribed to by the African scholars discussed below and defended by them as something either peculiar to or special in Africa, has an even harder time accommodating the individual. Yet, as history shows, until the modern age in which individualism is the principle of social ordering and mode of social living, a situation that privileges the individual, above all, various forms of communalism never really accorded the individual the recognition and forbearances that we now commonly associate with the idea. T he strongest variants of moderate communalism discuss ed here have a difficult time taking the individual seriously. I am not aware of anyone else ever having made such a case. These arguments are offer ed to show that Africa and Africans need to take individualism seriously and such have been the historical transformation that our diverse societies have undergone in the course of the last half a millennium that the types of communalism that are on offer do not appear to take this fact of radical change with the necessary urgency. (shrink)