The paper adopts philosophical research methodologies of conceptual clarification, critical analysis, and extensive argumentation. It attempts to jointly employ African metaphysical and epistemological grounds to address the problem of finding appropriate justification for reparations for Africa on the issue of past slavery and slave trade. The paper states that the crux of the problem is how to formulate a coherent theoretical framework, which provides a strong connection between the direct victims of slavery and slave trade and their descendants in (...) Africa, on the basis of which the latter could justifiably claim for restitutive justice against the wrong done to the former. Western traditional accounts usually define reparations such that the concept only intelligibly applies to moral relations among contemporaries, not between the departed and the living. This reasoning, therefore, forecloses any moral relations between the departed and the living, making it morally unjustifiable for the latter to claim for restitutive justice on behalf of the former. However, this study re-thinks the concept of reparations, using two core areas of African philosophy. African metaphysics recognizes that an experiential being is ontologically connected to the other, that is, any other experiential being and spirits, inclusive of ancestors. This relationship also invariably closes the epistemological gap between the experiential and non-experiential worlds, making them a unity within African cosmology. Situated within the present study, the foregoing shows that the living could justifiably claim for restitutive justice on behalf of the departed, the direct victims of slavery and slave trade. (shrink)

The political and legal perspectives on and understanding of the process of land reform in South Africa differ from the church's vision and understanding on what land reform entails. Currently, land reform through the restitution of church land to indigenous people is still not solved to all party's satisfaction, although this issue is on the table since 1994. The research focuses on the actions by the Roman Catholic Church that argued that 'society ensures justice when it provides (...) the conditions that allow associations or individuals to obtain what is their due, according to their nature'. The church also suggests that land is an arable resource that gives people access to certain basic needs necessary for them to lead a dignified life. This article discusses and evaluates the outcomes of the restitution of Catholic Church land since 1994-2014. It also addresses the contribution by the Catholic Church to land restitution during the period of 1994 -2014 to advocate and encourage further participation in the land reform programme. In light of this reality, one can ask whether the Catholic Church can bring about positive influence to the present challenges facing the land reform programme. Positive examples of the trainings and workshops conducted by the church within different communities are showcased to note possible future structures for dealing with land restitution from the church's perspective. (shrink)

Large-scale land acquisitions (LaSLA), otherwise ‘land grabbing’ in Sub-Saharan Africa (SSA), raise difficult normative questions the current literature does not sufficiently explore. LaSLA is associated with development opportunities; however, it also threatens the well-being of local people because of displacement and dispossession. To investigate the processes and outcomes for LaSLA to be considered as ‘just and fair,’ we evaluate the impacts of a LaSLA project on local livelihoods in Tanzania. Specifically, we apply John Rawls’ Theory of Justice to (...) the project and compare the results with empirical insights gained from our fieldwork. We find that LaSLA has the potential to improve the living standards of local people, we cannot consider LaSLA as just and fair because it contradicts Rawls’s principles of justice and deteriorates the livelihoods of local people. Our findings suggest that it is critical to scrutinize LaSLA investments, involve local people in decision-making, and build the capacity of host governments to negotiate better LaSLA deals. (shrink)

The position that I seek to defend in this article is that the epistemological hegemony that is presently one of the defining characters of the relationship between Africa and the global North is a form of injustice which makes the talk of ‘global justice’ illusory. In arguing thus, I submit that denying the indigenous people of Africa an epistemology that is comparable to epistemologies from other geopolitical centres translates to questioning their humanity which is a form of (...) injustice. I thus proceed to argue that, as a precondition to an authentic discourse on the possibility of ‘global justice’; epistemic injustice must first be challenged and rejected. In so doing, I am defending the position that the acceptance and respect for the diversity of the peoples of this world and their epistemologies is imperative if genuine justice at global level is to be realised. (shrink)

This paper explores the meaning of social justice and development in post-apartheid South Africa. It begins with social justice as a process of equalisation, presenting some evidence of the challenge and explaining the difficulty of achieving racial equality. Recognition of changes in national development strategy in the post-apartheid era, and their implications for inequality, leads to discussion of alternative development ethics, which involves reconsideration of what stands for the good life. The possibility of a combination of traditional (...) African communitarianism and the ethic of care is explored, as a basis for an alternative conception of the good. Some impediments to the realisation of such a vision are identified. (shrink)

The similarities between the United States and South Africa with respect to race, power, oppression and economic inequities are striking, and a better understanding of these parallels can provide educational gains for students and educators in both countries. Through shared experiences and perspectives, this volume presents scholarly work from U.S. and South African scholars that advance educational practice in support of social justice and transformative learning. It provides a comprehensive framework for developing transformational learning experiences that facilitates leadership (...) for social justice, and a deeper understanding of the factors influencing personal, national and global identity. (shrink)

The question whether justice can be completely detached from morality seems to be relevant to the discussion of the issues that surround the execution of witches in Africa. In spite the widespread belief in witchcraft in African societies, it is apparent that part of the West as well as the Judeo-Christian traditions also support this view. However, this does not remove the fact that, there are thousands of individuals who are still sceptical about such belief. This paper agrees (...) with the view of those who believe the existence of witchcraft. Thus, despite the fact that many scholars have written on the existence of witchcraft in Africa, little or no attention has been paid to the question of moral implications of executing witches in Africa. An attempt to fill this gap facilitates an investigation into the nexus between morality and social justice. The fundamental problem now is, is it morally right to kill? Should witches be killed? If witches should be executed, are there moral and legal bases for such killing? How should we account for the question of sanctity of human life? In this paper, effort shall be made to answer these fundamental questions. The methods employed in this research are critical analysis, philosophical argumentation and conceptual clarification. Keywords : witchcraft, morality, law, society, justice, religion. (shrink)

The author proceeds from empirical basis to show how far the two Rawls's principles of justice can be implemented in Africa. Positions not only of Rawls but also of other philosophers are presented, reconstructed and commented. They are also opposed with critiques and other theories, so that the appropriate position for Africa can be explained. The author comes to the conclusion that the fundamental liberties are still in the making in Africa. A long colonial past and (...) Aparthied have deprived Africa from its blossoming. However, a groping democracy of full hope is pointing ahead. So that freedom and democracy gain more room the author suggests the establishment of federalism based on ethnic groups. To speak of democracy and freedom without a substantial economic support seems illusive. In order to improve the lot of the least advantaged the author proposes betterment of education and health. (shrink)

BackgroundGenetics and genomics research (GGR) is increasingly being conducted around the world; yet, researchers and research oversight entities in many countries have struggled with ethical challenges. A range of ethics and regulatory issues need to be addressed through comprehensive policy frameworks that integrate with local environments. While important efforts have been made to enhance understanding and awareness of ethical dimensions of GGR in Africa, including through the H3Africa initiative, there remains a need for in-depth policy review, at a country-level, (...) to inform and stimulate local policy development and revision on the continent.MethodsTo identify and characterize existing ethics-related guidelines and laws applicable to GGR across much of Africa, we conducted a scoping review of English language policy documents identified through databases, repositories, and web searches. Thirty-six documents were included and coded using a framework that contained a range of themes across five analytical categories: (1) respect, (2) beneficence, (3) justice, (4) independent oversight, and (5) bans and prohibitions. Data analysis software (NVivo 12) was used to organize, code, and tabulate information according to document characteristics and topics. Illustrative examples of policy requirements were selected for inclusion.ResultsDocuments that met inclusion criteria spanned 20 years; published between 1996 and 2018, with the majority (58%) published after 2009. About two-thirds were denoted as “guidelines,” and slightly more than half were non-exclusive to GGR. Very few (six) country-level documents identified were specific to GGR. Requirements related to the principle of “respect” appeared most often across all documents, relative to other principles and processes. The most commonly stated ban was on reproductive cloning. Other prohibitions applied to germline editing, undue inducements in research, sample use for commercial purposes, employee mandatory DNA testing, fetal sex selection, stem cell use, eugenics, and research without public health benefits.ConclusionsEnforceable policies that are indispensable to the ethical conduct and review of GGR are either deficient or missing in many African countries. Existing international, GGR-specific ethics guidelines can be used to inform GGR policy development at a country-level, in conjunction with insight from country specific ethics committees and other local stakeholders. (shrink)

Justice is usually represented as a feminine figure holding a pair of scales and a sword. The history of that image is relatively recent and has attracted a great deal of attention. However, a different appreciation of it may come from a “nocturnal” jurisprudence seeking to foreground its presence and effects in the transmission of modern culture and so also of law. In this essay, I take my cue from Aby Warburg and the Pathosformeln that, he suggested, can be (...) glimpsed through certain material objects inherited from the past—specifically, Dürer’s The Death of Orpheus and other related visual art. I then consider what Giorgio Agamben calls ‘the image of the image’ emphasising the timely quality of those images and I ask, with Georges Didi-Huberman, whether it might not be high time to “return” that which those images ostensibly show. The associations established in this essay between those different insights may help to recognise the extent to which the innumerable images to do with justice found at the four corners of the world can make the cognitive and emotional experience of those encountering them a rather more complex and potentially problematic affair than it may be at first supposed. What, on closer inspection, can those images give us to see? Are the ancient configurations they sometimes transmit not made up of crystals of historical memory carrying dormant energies that could be suddenly reignited in unpredictable ways? Should the task ahead not be, in some cases, one of restitution—the inapparent gift that turns the “blotted-out” into something striking that can be then handed over and known? These, I argue, are some of the questions a “nocturnal” jurisprudence of the image can be about. (shrink)

"A type of book we always long to read for peace and joy in any nation, Father Dr. JoeBarth Abba touched many areas amidst orgies of circles of terrorisms, Islamic insurgents with key solutions for psycho-dialogical ways on cultural ethnic tensions for conflicts resolution." --Gerhard Ludwig Cardinal Mueller, Vatican, Rome ***The book presents an inquiry into the thoughts and scholasticism of Thomas Aquinas, his classical philosophical synthesis, his insights, and the quest for Justice and Human Rights as a panacea (...) or desired urgent solution to racial justice, abuse of human life, and human rights. Dissertation. (Series: Philosophy / Philosophie, Vol. 108) [Subject: African Studies, Human Rights Studies, Philosophy, Christian Studies, Thomas Aquinas]. (shrink)

Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in (...) circumstance, this does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

South Africa is a highly distributively unequal country, and its inequality continues to be largely along racial lines. Such circumstances call for assessment from the perspective of contemporary theories of distributive justice. Three such theories—Rawlsian justice, utilitarianism, and luck egalitarianism—are described and applied. Rawls' difference principle recommends that the worst off be made as well as they can be, a standard which South Africa clearly falls short of. Utilitarianism recommends the maximization of overall societal well-being, a (...) goal which South Africa again fails to achieve given its severe inequality and the fact of the diminishing marginal value of money—that a given amount of money tends to produce more utility for a poor person than it does for a rich person. The final theory, luck egalitarianism, aims to make distributions sensitive to individual exercises of responsibility. This view also objects to South Africa's inequality, this time on the basis that the poor are overwhelmingly worse off through no fault or choice of their own. These major theories of distributive justice therefore all propose large-scale redistribution to the benefit of the (predominantly black) poor. Perhaps more surprisingly, all three views also provide support for socio-economic affirmative action, as opposed to South Africa's race-based Black Economic Empowerment. (shrink)

This book addresses the nature and injustice of authority, retracing the ideas of reason and law from ancient Greece to the present, pursuing a line of thought begun with Anaximander, who speaks of the ordinance of time as restitution for ...

Today there are over 90,000 Small Christian Communities in the eight AMECEA countries in Eastern Africa. Kenya alone has over 35,000 SCCs.Increasingly SCCs are promoting reconciliation, justice and peace, the three main themes of 2009 Second African Synod. This essay treats the following headings: “Tracking the Historical Shifts of SCCs,” “SCCs’ Increasing Involvement in Justice and Peace Issues,” “Case Study of SCC Involvement in the Kenya Lenten Campaigns 2009 and 2010,” “Involving Youth in Small Christian Communities,” “SCCs (...) Using the Internet Especially Facebook” and “SCCs as Facilitators of Reconciliation, Justice and Peace in Africa.” One major change is the increasing use of a Pastoral Theological Reflection Process such as the “Pastoral Circle” to help SCCs to go deeper. Now more and more SCCs in Africa are reflecting pastorally and theologically on their experiences, often using the tools of social analysis. (shrink)

The violence which humankind has visited not only on the natural world but also on human populations has resulted in negative environmental change which in turn induces diverse forms of violence in Africa. This has been threatening a sustainable society and human flourishing in Africa. Invited as Christ’s witnesses, Christians need to offer qualitative resources to forestall the violence that threatens human flourishing. What opportunities do these challenges offer Christian theologians and ethicists to provide life-transforming alternatives that enhance (...) a sustainable African society? In this paper, I argue that considering the linkage between climate change and violence, a crucial transforming alternative towards a sustainable society in Africa is the quest for sustainable peace, realisable only within the context of justice (a just society)—specifically, climate and/or environmental justice. I intend to explore the Christian virtue of justice and its promise for a sustainable society, peace, and human flourishing in Africa. (shrink)

> Wealthy nations must step up support for Africa and vulnerable countries in addressing past, present and future impacts of climate change The 2022 report of the Intergovernmental Panel on Climate Change paints a dark picture of the future of life on earth, characterised by ecosystem collapse, species extinction and climate hazards such as heatwaves and floods.1 These are all linked to physical and mental health problems, with direct and indirect consequences of increased morbidity and mortality. To avoid these (...) catastrophic health effects across all regions of the globe, there is broad agreement—as 231 health journals argued together in 2021—that the rise in global temperature must be limited to <1.5°C compared with pre-industrial levels. While the Paris Agreement of 2015 outlines a global action framework that incorporates providing climate finance to low-income and middle-income countries, this support has yet to materialise.2 COP27 is the fifth Conference of the Parties (COP) to be organised in Africa since its inception in 1995. Ahead of this meeting, we—as health journal editors from across the continent—call for urgent action to ensure it is the COP that finally delivers climate justice for Africa and vulnerable countries. This is essential for the health of those countries, and for the health of the whole world. The climate crisis has had an impact on the environmental and social determinants of health across Africa, leading to devastating health effects.3 Impacts on health can result directly from environmental shocks and indirectly through socially mediated effects.4 Climate change-related risks in Africa include flooding, drought, heatwaves, reduced food production and reduced labour productivity.5 Droughts in sub-Saharan Africa …. (shrink)

This article explores the possibility of locating an ‘ethics of memory’ respecting commission of mass atrocities via the link between justice, truth and memory. First, it suggests a typology for memory in relation to justice in its retributive and restorative aspects. Second, it explores how so-called ‘memory-justice’ arises in the course of international proceedings—and particularly given its significance under the Rome Statute—by considering, critically, the international community's ability to repair or restitute injury by engaging in memory in (...) ‘the right way’. Lastly, it suggests limitations of memory-justice of which only some can be overcome. The challenges and arguments for a ‘categorical imperative’ for memory are left for a subsequent treatment, but arguments in law and practical ethics will be suggested in favour of properly approaching memory in pursuit of justice, with profound consequences for the nascent Court and sister tribunals, in their efforts to break the cycle of conflict in affected regions, and rid the world of the worst crimes known to humanity. (shrink)

This article explores briefly the practical as well as theoretical issues that arise when Amartya Sen’s evaluation of justice through the capabilities afforded citizens in a society is applied to postcolonies like Jamaica and South Africa. It argues that the application of the capabilities approach to the circumstances of the postcolony gives rise to the need for an expansion of its purview as the informational focus of Sen’s theory of justice. This is so because of the manner (...) in which domestic as well as external forces and interests function so as to limit in particular the material conditions necessary for freedom and self-actualization in the postcolony. As examples the article engages briefly with the way in which multinationals and multilateral lending agencies in pursuit of their interests have adverse impact upon capabilities in Jamaica and South Africa, affecting in turn the quality of material life, as well as that of democratic governance in both states. In doing so it broaches the important issue of the failure to engage thoroughly with the reality of the limited maneuverability, both at the domestic and also the international levels, that issues from the role of the developing state in the global political economy , which I think haunts the utilization of the capabilities approach to understanding justice and development in the postcolony. (shrink)

This article embarked on a critical evaluation of religious leadership and ecological consciousness in Africa, using the case of the Nigerian Christian religious community. The article argued that the concept of ecological justice lacks strong theological conceptualisation in the Nigerian ecclesiastical community. Therefore, Ime Okopido’s argument in favour of stewardship for the involvement of religious leadership in the pursuit of ecological and socioeconomic justice served as the starting point for this engagement. However, such engagement of the religious (...) leadership and of the faithful should include developing ecological theological concepts, such as value for community, which are relevant to the context and resonate with indigenous cultures. Embarking on ecological activism, a change of lifestyles and finding other concrete ways of protecting the environment and biodiversity could ameliorate the crisis of ecological and socio-economic injustice in Africa by promoting, in particular, the praxis of value for community. (shrink)

South Africa is a country that is still in the transitioning process of providing an equal, equitable and just society for its previously disadvantaged people. The country faces several socio-economic developmental challenges, ranging from inadequate housing, high crime rates, violence against women and children, ineffectual health facilities, a slowing economy and high youth unemployment, which invariably affect the business community. If South Africa is to achieve sustainable economic transformation, the business community along with other stakeholders must participate in (...) ensuring social justice and socio-economic development for its previously disadvantaged people. This article contributed to the discourse on the assertion that social justice and socio-economic development are central for sustainable development in any society. The article called for the assistance and participation of other stakeholders, particularly the business community, to help build a just, healthy and robust environment, which translates into a strong community and portends a sustainable environment for businesses. Contribution: This article assessed the effectiveness of legislating social justice and corporate social responsibility. The article adopted the European Union’s Better Regulation evaluation methods to evaluate the effectiveness of the country’s social justice and corporate social responsibility legislation and the influence of the legislations on the socio-economic developmental challenges affecting the country. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the (...) problem of the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the (...) popularity of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

This article starts with a brief statement on the well-known contradictory nature of the Reformed tradition in South Africa, defending injustice and struggling for justice in the name of the same tradition. By following the work of Reformed systematic theologian D.J. Smit, it argues that the justice-affirming potential of the Reformed tradition is a hermeneutical task built on three specific re-interpretations: the reinterpretation of Scripture from the perspective of the weak, the poor and the oppressed a rereading (...) of John Calvin to affirm the dignity and freedom of all humans a rereading of Karl Barth with a focus on God's inclusive grace, Christian confessions and the nature of the Christian life. The article closes with a brief look into the agenda for social transformation faced by us in the second decade of the 21st century, and under what conditions the Reformed faith will be able to make an enduring contribution to public life in Africa. (shrink)

Poverty has continued to be an enormous challenge for Africa. Immoral political decisions and tactics have led to the continued suffering of the landless poor in the city of Harare. With no consideration for the dignity of people, the government of Zimbabwe through Operation Murambatsvina demolished shelters belonging to the poor in the city a decade and half ago. To this day, most of the victims of this destruction still lack adequate accommodation. The majority urban poor have been excluded (...) from the community and inhabit shanty towns around Harare. Deprived of justice, the poor are alienated from their right to land, nourishment and dignified life. This complete disregard for life and African community values ought to be challenged. Ubuntu moral theory presents necessary guiding principles for human progress that achieves genuine harmony and equality among all people. In light of the experiences of deadly but preventable poverty in Harare, the will-to-live for all requires confirmation. Every human being is endowed with irrevocable intrinsic worth. The elimination of poverty requires practical philosophical resolutions that are driven by sincere respect for human life. (shrink)

Pursuing Justice in Africa focuses on the many actors pursuing many visions of justice across the African continent--their aspirations, divergent practices, and articulations of international and vernacular idioms of justice. The essays selected by editors Jessica Johnson and George H. Karekwaivanane engage with topics at the cutting edge of contemporary scholarship across a wide range of disciplines. These include activism, land tenure, international legal institutions, and post-conflict reconciliation. Building on recent work in sociolegal studies that foregrounds (...) justice over and above concepts such as human rights and legal pluralism, the contributors grapple with alternative approaches to the concept of justice and its relationships with law, morality, and rights. While the chapters are grounded in local experiences, they also attend to the ways in which national and international actors and processes influence, for better or worse, local experiences and understandings of justice. The result is a timely and original addition to scholarship on a topic of major scholarly and pragmatic interest. Contributors: Felicitas Becker, Jonathon L. Earle, Patrick Hoenig, Stacey Hynd, Fred Nyongesa Ikanda, Ngeyi Ruth Kanyongolo, Anna Macdonald, Bernadette Malunga, Alan Msosa, Benson A. Mulemi, Holly Porter, Duncan Scott, Olaf Zenker. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of (...) particular justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...) voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)

Tax abuse by multinational extractive corporations should be an important subject of attention for global justice because it exacerbates the unjust global distribution of resources and contributes to the resource curse. The amounts of taxes at stake dwarf the current levels of international aid. This abuse is not necessarily unlawful but is enabled by the interaction of complex international tax rules. It is “abuse” because it contravenes a number of theoretical understandings of global tax justice, several of which (...) are explored here: egalitarianism, two variants of restitution-based justifications and corporate citizenship. Within each of these justificatory frames, global justice in the resource context requires restoring a fair share of the benefits from natural resources to the impoverished populations of resource-rich countries. Justice, thus understood, can and should be achieved through the effective taxation of extractive companies. This article is a first step toward filling a lacuna in the literature on taxation and development, which tends to encourage decreased taxation in order to promote foreign investment, to the exclusion of concerns about justice and which conceives taxation as a purely domestic issue, not one involving international rules that have the effect of distributing revenue among nation states. (shrink)

This essay argues for a conception of law as a normative practice, a conception which departs from traditional, particularly positivist, conceptions. It is argued that Dyzenhaus's book (Dyzenhaus 1991), with its fascinating case study of unjust judicial decisions in South Africa, makes a compelling argument for such a conception. However, the essay takes issue with Dyzenhaus for romanticising the liberal tradition, and inflating the power of law and legal theory. Nonetheless, the essay agrees that positivist accounts tend to downplay (...) the emancipatory promise of law, and ends with some remarks about promise. (shrink)

South Africa has the highest rate of foetal alcohol syndrome (FAS) in the world. The problem of alcohol abuse in pregnancy has very deep historical roots that are intertwined with the injustices of both apartheid and pre-apartheid colonialism. Much of the research that is being done in these communities is focused on identifying the epidemiological variables associated with these patterns of alcohol abuse. The underlying reasons as to why these patterns continue seem to remain largely obscured from view. In (...) this article, I apply the theory proposed by Powers and Faden of social justice as a ‘moral foundation for public health and health policy’ to the problem of FAS in South Africa. The objective of this application is two-fold: first, to critically explore the additional insights and alternative perspectives to the problem of FAS that this approach may provide and second, to assess the utility of the theory when applied directly to a specific public health problem. I conclude by noting that although this approach could result in the kind of ‘public health scope creep’ that has been criticized by various authors, it does provide fresh insights to the problem of FAS in South Africa. (shrink)

This paper examines the impact and implications of ChatGPT and other generative AI technologies within the African context while looking at the ethical benefits and concerns that are particularly pertinent to the continent. Through a robust analysis of ChatGPT and other generative AI systems using established approaches for analysing the ethics of emerging technologies, this paper provides unique ethical benefits and concerns for these systems in the African context. This analysis combined approaches such as anticipatory technology ethics (ATE), ethical impact (...) assessment (EIA), and ethical issues of emerging ICT applications with AI (ETICA) with specific issues from the literature. The findings show that ChatGPT and other generative AI systems raise unique ethical concerns such as bias, intergenerational justice, exploitation of labour and cultural diversity in Africa but also have significant ethical benefits. These ethical concerns and benefits are considered crucial in shaping the design and deployment of ChatGPT and similar technologies responsibly. It further explores the potential applications of ChatGPT in critical domain areas such as education, agriculture, and healthcare, thereby demonstrating the transformative possibilities that these technologies can have on Africa. This paper underscores the critical role of AI governance as Africa increasingly adopts ChatGPT and similar AI systems. It argues that a comprehensive understanding of AI governance is essential not only for maximising the benefits of generative AI systems but also for facilitating a global dialogue. This dialogue aims to foster shared knowledge and insights between the Global North and the Global South, which is important for the development and creation of inclusive and equitable AI policies and practices that can be beneficial for all regions. (shrink)

Post-apartheid South Africa is ravaged by crises of extreme unemployment, poverty, and inequality. While the majority who were politically excluded by apartheid can now choose their government through democratic elections, social and economic justice continues to elude them. Neoliberal policies which seek to reduce state expenditure on social services and promote state policies that protect the interests of big businesses at the expense of working-class and poor communities, along with corruption and abuse of power, are the primary causes (...) of poverty and unemployment. However, what is missing in the assessments of social justice since the pre-1994 democratic era is the recognition that social justice organisations have not simply disappeared, but have actually remained involved in social justice struggles. Based on information from in-depth interviews and internet sources, this article records some of the partial victories scored through these struggles, albeit in the context of generalised pauperisation of working-class and poor communities. These partial victories in the era of defeats show that these organisations, although weakened, have not given up the struggle for social justice. (shrink)

The aftermath of war is always messy and complicated. When should objects or resources that were unjustly taken in wartime be returned to the victims of misappropriation, or their heirs? This article advances two arguments that are intended to buttress claims for the restitution of property in general, and particularly claims advanced by the heirs of the original victims of misappropriation.

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South (...) class='Hi'>Africa become more liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

This article addresses the problem of legislation and adjudication in early states, offering examples from Africa and other parts of the world. It discusses the problems of legitimacy and governance, especially in the context of multi-ethnic populations. For some of its generalizations it draws upon a previous study of twenty-one early states.

Social life across the African continent is largely threatened by intolerance, injustice, lack of equal opportunity, inequity in resource distribution, lack of compassion, unfair treatment and disrespect for others’ rights, as well as compromising intrusion of ethnicity, corruption, terrorism and religion into affairs of the state. So, Africans largely struggle with the political problem of building and sustaining societies and institutions that can be civil and compliant to the rule of law. There exists an African problem of political justice (...) and social justice. Disorder and parochialism in a sociopolitical system are mainly instigated by inefficiency and over-politicization of major developmental institutions. We recommend some human values of Ubuntu such as mutual respect, cooperation for the common good and the pursuit of reconciliation as pillars for stable and viable political and social order across most parts of Africa. (shrink)

This article takes the theme of Pope Benedict’s Post-Synodal Apostolic Exhortation, Africae Munus, on reconciliation, justice and peace in Africa as its starting point. It analyses how the commitments of African Christians at the Second African Synod can be realized through a transformative missional theological praxis. This theological approach is proposed as a deeper concern on how to bring about the fruits of the eschatological harvest of God’s kingdom to bear on the present complex African social context. This (...) article proposes two ways of doing this: The first is a socio-theological analysis of Africa’s social context, and the second is showing how to mine the spiritual, religious, cultural, human, and material resources of Africa. The article proposes an outline for an African transformative missional theology and a praxis of African development built on such a theology. (shrink)

Compensation for research related injuries is a subject that is increasingly gaining traction in developing countries which are burgeoning destinations of multi center research. However, the existence of disparate compensation rules violates the ethical principle of fairness. The current paper presents a comparison of the policies of Brazil, Russia, India, China and South Africa. A systematic search of good clinical practice guidelines was conducted employing search strategies modeled in line with the recommendations of ADPTE Collaboration. The search focused on (...) three main areas namely bibliographic data bases, clinical practice guidelines data bases and a restricted internet search. A manual search of references cited in relevant guideline documents was also conducted. The search terms, Medical Subject Headings and key words were developed for a PubMed platform and then adapted for all other data bases. The search terms were kept constant for each country with the only difference being the country name. The documents so obtained were subjected to systematic content analysis. The study revealed that there is vast panoply of regulations which exist on a continuum. On one extreme is India with comprehensive regulations that are codified into law, and on the other end there is China which does not have specific laws regulating research related injuries. There are a number of differences and similarities such as mandatory insurance requirements, existence of no fault compensation, compensable injuries and the role of research ethics committees. It is imperative to enact legislations that protect participants without stifling the research enterprise. There is need for consistency and ideally harmonization of such regulations at a global level. A model policy on compensation for research related injuries should borrow from the best aspects of the different country policies and should be informed by the cardinal ethics principles of autonomy, justice and beneficence. (shrink)

South Africa remains one of the most unequal societies in the world and any discussion around poverty and the church's response cannot exclude this reality. This article attempts to analyse the response of wealthy, 'majority white' suburban congregations in the southern suburbs of Cape Town to issues of poverty and inequality. This is attempted through the lense of restorative justice, which is broadly explored and defined through a threefold perspective of reconciliation, reparations and restitution. The first part (...) explores a description of the basic features of poverty and inequality in South Africa today, followed by a discussion on restorative justice. This is followed by the case study, which gives the views of clergy and lay leaders with regard to their congregations' perspectives and responses to poverty and inequality within the context of restorative justice. Findings from the case study begin to plot a tentative 'way forward' as to how our reality can more constructively be engaged from the perspective of congregational involvement in reconstruction of our society. (shrink)

The COVID‐19 pandemic has raised important universal public health challenges. Conceiving ethical responses to these challenges is a public health imperative but must take context into account. This is particularly important in sub‐Saharan Africa (SSA). In this paper, we examine how some of the ethical recommendations offered so far in high‐income countries might appear from a SSA perspective. We also reflect on some of the key ethical challenges raised by the COVID‐19 pandemic in low‐income countries suffering from chronic shortages (...) in health care resources, and chronic high morbidity and mortality from non‐COVID‐19 causes. A parallel is drawn between the distribution of severity of COVID‐19 disease and the classic “Fortune at the bottom of the pyramid” model that is relevant in SSA. Focusing allocation of resources during COVID‐19 on the ‘thick’ part of the pyramid in Low‐to‐Middle Income Countries (LMICs) could be ethically justified on utilitarian and social justice grounds, since it prioritizes a large number of persons who have been economically and socially marginalized. During the pandemic, importing allocation frameworks focused on the apex of the pyramid from the global north may therefore not always be appropriate. In a post‐COVID‐19 world, we need to think strategically about how health care systems can be financed and structured to ensure broad access to adequate health care for all who need it. The root problems underlying health inequity, exposed by COVID‐19, must be addressed, not just to prepare for the next pandemic, but to care for people in resource poor settings in non‐pandemic times. (shrink)

Existing philosophies of justice have failed to challenge and overcome the peculiar African crisis of development. The contract model of justice assumed that there would be justice when people acting as rational agents accepted basic practices of society that would assure their mutual advantage in the long run, this has not really worked in the development practice in many parts of the world, due to the nullifying effects of Kleptocracy, patrimonialism, institutional decay, antinomies and apathy, precipitation of (...) primordial ethno-cultural enclaves and other divisive factors. The utilitarian philosophy of justice, seen as a way of defining the greatest good or happiness of the greatest number of the society and the impartiality or respect model of justice, which suggests the recognition of the intrinsic worth of people as entities deserving of respect, whose interests should be maintained in the interest of the overall common good, have also failed due to the realities of cultural, historical and psychological inducements to truncate or restrictively appropriate the principles and institutions intended for the greater or common good; federalism, industrialization and social services. Taken together, these philosophies have not succeeded, due to obstructive cosmological templates that have re-institutionalized almost globally, a new wave of regressive authoritarianism, denial of economic and political rights, ossified anachronism deriving from both the primordial and colonial forms of ethno-religious prejudices, conflict driven mistrust and mutual hatred among groups. We therefore need to look in other directions. (shrink)

I. Introduction. The debt/atonement model of punishment seeks to reconcile the criminal with his direct victim, as well as the larger community, through restorative mechanisms of restitution and atonement.[i] As a result, it has certain advantages over better known rivals.[ii] Unlike retribution, reform and deterrence, the approach does some good, first and foremost, for the victim of the crime. But it can also benefit the victimizer and indirectly victimized members of the larger community. Competing theories usually profit but one (...) of the three. They also fail to do as well in removing the tension between justice and mercy. Yet even when mercy is not an option, retribution, reform and deterrence can dictate punishments that are intuitively excessive. But the problem isn’t just that of excess. At others times, it seems they will endorse inappropriately lenient responses to crime. I will argue that a properly construed debt/atonement approach, despite its stress on punishment taking the form of restitution, can handle three common objections that it is incapable of providing appropriate punishments. The first is that it cannot justify punishing murder for the dead cannot be compensated. Even if this turns out to be true, surprisingly, it bestows no relative advantage upon rival accounts for if the dead cannot be benefited, then they cannot be harmed, and thus punishing killers who did not harm those they killed will be difficult for any theory to justify. The second objection is that it cannot accommodate our practice of publishing failed attempts where there appears to be no harm when the target didn’t even know the attempt transpired. Ironically, it turns out that only the advocated approach can justify our practice of punishing failed attempts less severely than successes. The third objection is that the theory sometimes advocates making criminals suffer in order to satisfy the vindictive desires of their victims. I’ll argue that so harming criminals is a defensible way to extract the debt payment they owe their victims.. (shrink)

Punishment and restitution are usually viewed as separate paradigms of criminal justice. However, in this dissertation I suggest that a practice of legal punishment can be justified in the context of a criminal justice system based exclusively on the criminal's obligation to make restitution for the losses he has wrongfully inflicted on others. My strategy is to show first that those who commit crimes bring about a significant loss for the members of their community in addition (...) to harming the immediate victims of their crimes, and second, that a practice of legal punishment constitutes a means by which criminals can make restitution to the members of the community for this loss. I suggest, then, that the members of the community are morally justified in instituting a practice of legal punishment in order to exact restitution for the loss they suffer as a result of criminal violations. ;The dissertation provides a reasonably systematic development of a restitutive theory of punishment. I begin by critically examining the major approaches that have been taken to the justification of punishment in order to provide some preliminary justification for taking a particular approach to this issue. I then outline a conception of justice that forms the basis of the theory of punishment I suggest. The central chapter contains an analysis of the different types of losses that result from criminal violations and a moral argument that justifies requiring criminals to make restitution for all of these losses. I also argue that given certain conditions, legal punishment constitutes a legitimate means by which the members of the community can exact restitution for the loss they have suffered. In the remainder of the dissertation I show that a restitutive theory of punishment both captures and illuminates much of the retributivist position, and I work out several of the specific implications of this analysis for the way in which a practice of legal punishment ought to be articulated. (shrink)

In 2020, the world faced a new pandemic. The corona infection hit an unprepared world, and there were no medicines and no vaccines against it. Research to develop vaccines started immediately and in a remarkably short time several vaccines became available. However, despite initiatives for global equitable access to COVID-19 vaccines, vaccines have so far become accessible only to a minor part of the world population. In this article, I discuss the global distribution of COVID-19 vaccines from an ethical point (...) of view. I reflect on what ethical principles should guide the global distribution of vaccines and what global justice and international solidarity imply for vaccine distribution and I analyse the reasons for states to prioritize their own citizens. My focus is on ethical reasons for and against ‘vaccine nationalism’ and ‘vaccine cosmopolitanism.’ My point of departure is the appeal for international solidarity from several world leaders, arguing that ‘Where you live should not determine whether you live’. I discuss the COVAX initiative to enable a global vaccination and the proposal from India and South Africa to the World Trade Organization to temporarily waive patent rights for vaccines. In the final section, I argue for global vaccine sufficientarianism, which is a modified version of vaccine cosmopolitanism. (shrink)

A more dynamic approach to Catholic social thought that encourages a prophetic discernment can critically challenge the official narrative presented in the Compendium of the Social Doctrine of the Church, which is widely popular in Africa. This article develops this argument by revisiting three key problems that CST encounters in the African reality: poverty, violence, and justice. Significantly, the postcolonial discourse of “anthropological poverty” serves as both a justification for and a critique of the Compendium. This article highlights (...) how a prophetic discernment’s dynamic approach, through the lens of anthropological poverty, enriches or critiques official Catholic social teaching’s views on the problems of poverty, violence, and justice. The discussion that follows in the article establishes how a less hierarchical approach to contemporary social questions is both necessary and attainable, while showing that this approach is, in part, taking place in Africa. (shrink)

Henry Odera Oruka was one of the most influential figures in 20th-century African philosophy. During the early years of the decolonization of African countries, as universities worked to redefine themselves, Odera drove changes to curricula and research. A tireless advocate for democracy and human rights in Africa, he repeatedly intervened in the political debates of his time. -/- This is the first critical biography of both the man himself and African philosophy in the context of changing times, taking us (...) through his early life, scholarly training, and Oruka's way of transforming the field of philosophy as it was taught in Kenya. -/- The narrative unfolds from the personal to the global, from Africa to the world, and from African philosophy to the wider field of philosophy. Biographical material is woven with narratives of the social conditions and live questions as they arise in Oruka's life in Kenya, Sweden, and the United States. We are introduced to his understanding of philosophy as a critique of society. Exposing prison practices in Africa and targeting capitalists, Oruka sought to remedy social problems on a global scale, from institutional racism and ethnic division to the wealth gap between rich and poor nations. -/- Through archival material, personal interviews and primary texts, this book shines a light on Oruka's monumental contribution to African philosophy and global justice. Finally we can see how Oruka's insights are still relevant to how we think about poverty, philosophy and human rights today. (shrink)

In this essay, Sharon Subreenduth explores how social justice policies have both global–local and historical dynamics and maintains that, as a result, dominant Western models of social justice limit engagement with alternative modes of understanding social justice in non-Western locations. She uses the South African experience as a case study for examining the complexities of social justice policy in the context of the decolonizing efforts that undergird national policy in South Africa as it simultaneously negotiates (...) neoliberal globalizing dynamics. The essay specifically analyzes the neoliberal concept of choice and how it figures within the discourse and practice of race and education within society. Moving beyond binaries, Subreenduth highlights the murky areas of social justice and articulates what they tell us about meta-analysis, narrative, resistance, complicities, infiltration, and the neoliberal il/logic of local–global histories. (shrink)

This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, and try to sympathetically (...) reconstruct it. We contend that a crucial claim about this model does not work; his model would result in many more backward-looking compensatory claims than he realizes. Waldron’s allowing for material compensation claims from historical injustice is in tension with, or incompatible with, his long-expressed view that the spirit of the supersession thesis is that justice should be forward-looking and look to present-day costs. We have argued elsewhere that the abstract possibility that restitution claims may be superseded due to changing circumstances (what we call the ‘supersession thesis proper’) is separable from the question of whether justice has a forward-looking or backward-looking orientation. We argue here that Waldron’s model of compensation can best be made sense of through our distinction of ‘full supersession’ and ‘partial supersession.’ This allows us to show that Waldron’s model relies on a more strongly backward-looking orientation than he seems to endorse in his earlier works on restitution and his most recent article discussing compensation. We conclude by offering external criticisms of Waldron’s model of compensation. (shrink)