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)

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)

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)

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)