A challenge human existence is confronted in contemporary society is the justification of a coherent social order. Most of these justifications have been grounded, over time, on natural approach to the neglect of the African ontological practice. This natural reference fails to account for the ontological practice premised on African belief system which reconciles the natural and spiritual aspects of human existence. The study adopts the analytic approach in philosophy which evolves a clarification of the ontological concept within the African (...) context.The African ontological practice hinges on Dukor’s perspective which provides for a coherent interconnection among social structure, law and belief system towards the certitude and trust making for harmonious human well-being.Social order is enhanced by this African ontological practice and should, therefore, be incorporated into the public sphere. (shrink)

The Retributivist approach to punishment attempts to address the challenges posed by utilitarian conception that punitive actions should strictly be associated with a costeffective means to certain independently identifiable goods at the expense of justice. Justice proffers how the guilty deserve to be punished and no moral consideration relevant to punishment outweighs an offender’s criminal desert. However, this just desert provokes difficulty in discerning proportionality between the moral gravity of each offence and the specific penalties attached. This consequently degenerates to (...) another form of ‘lex talionis’ (revenge) in punitive justice. (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)