ASSIGNMENT 2

LEGAL PHILOSOPHY
QUESTION 1
An action is acceptable as long as a person's dignity is respected; however, it is
wrong if it undermines human dignity. When taking action, one must regard a
person's dignity and ensure that the activity does not erode humanity. 1
Action is right only to the extent that it benefits others; it is wrong to the extent that it
does not benefit others. In order to improve the welfare of others, kindness, virtues,
principles, charity, and respect should be guaranteed. 2
It is unlawful to infringe on other people's rights, and a right is beneficial if it helps the
well-being of others. In order to increase people's well-being, their rights should be
respected and recognized.3
It is improper for a person to be on her own, and an action is right if it favourably
affects others. A person cannot live on his own and no person is an island as every
person needs each other for survival.4
An action is ethical if it is done in solidarity with groups whose survival is at stake;
but, it is a wrong insofar as it fails to promote a meaningful community. Everyone
should take care of one another, unite, and be one. Those who are fortunate in life
should help those who are less fortunate. 5
An activity is correct if it promotes peace and reduces conflict. It is incorrect if it fails
to build the community. People should socialize and develop a strong community by
being kind and supporting each other in good and bad times in order to live in
harmony.6
QUESTION 2
Different authors define African legal thought in a variety of ways. Others argue that
African legal philosophy does not exist, despite the fact that it has a recorded
tradition and its roots in communal thought. Others argue that it may exist, but that
determining its composition or substance is impossible. Others believe it exists,
although it is not significantly different from western legal philosophy 7
Those who believe in a true African tradition feel that it has something meaningful to
convey. The quest for real independence and a postcolonial African identity will be
expressed through African legal theory. Diverse and alternative realities are
presented, and the storytelling element of African philosophy is becoming more
prominent. Africa is a huge continent with a lot to offer. 8
1
Metz T ‘Towards an African Moral Theory’(2007) J political philosophy: 321-341
2
Metz T ‘Towards an African Moral Theory’(2007) J political philosophy: 321-341
3
Metz T ‘Towards an African Moral Theory’(2007) J political philosophy: 321-341
4
Metz T ‘Towards an African Moral Theory’(2007) J political philosophy: 321-341
5
Metz T ‘Towards an African Moral Theory’(2007) J political philosophy: 321-341
6
Metz T ‘Towards an African Moral Theory’(2007) J political philosophy: 321-341
7
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),
8
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),
Because African philosophy is based on communal thought and collective
understanding, the concepts met African legal philosophy as outlined in the study
guide. Africans believe in unity and consultation. They mix mysticism, philosophy,
and religion. African philosophy is predicated on combining the collected views of
various individuals to form a single thought that will generate a single common aim
for the continent. The legal theory of Africa is founded on socialism. Philosophers
from Africa have a political role to perform. They represent the social and political
structures that exist in Africa9
In African legal philosophy, the concept of communitarianism is quite strong, and the
family plays an essential and crucial role in African society. Individuals are seen as
less significant than the community. Members of society's families must put their
skills to good use for the greater good. Talents and abilities are widely regarded as
valuable assets.
The African Philosophy is based on reconciliation theory of law. 10 The law is viewed
as a conciliatory tool for reestablishing social stability. Punishment is carried out in
African philosophy for the sake of restoration rather than retribution. 11 The law is
viewed as a conciliatory tool for reestablishing social stability. Punishment is carried
out in African philosophy for the sake of restoration rather than retribution. Because
of the emphasis on the social element of law in African legal philosophy, fairness is
not viewed as numerical equality, but rather as a function of the position of the
parties involved.12
Another key element is the concept of Ubuntu. Ubuntu denotes humanity, morality
and compassion are two things that come to me when I think of morality. It promotes
conciliation, group harmony through social relationships, self-fulfillment by
involvement in a collective role, collective obligations, caring warmth for others,
respect empathy for the old who have more life experience than the younger, and
communication.13
Human rights, according to Ubuntu, include the right to dignity. Family members
have responsibilities to one another. This implies that family members have
responsibilities to their neighbors and the larger community. The Batho Pele (people
first) in service delivery is reasonable in nature and not motivated by who. It
suggests that the physical world is prioritized over the metaphysical. 14That is the
case.

QUESTION 3
Finally, I believe that African Legal Philosophy is founded on the continent and its
people. It brings people together and makes them one by allowing them to help one

9
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),
10
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),:
11
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),:
12
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),
13
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),:
14
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),
another in a variety of ways. It is the core or constitutional because Ubuntu plays a
significant role in the bulk of the population's heritage. As people must reacquaint
themselves with each other, African legal philosophy emphasizes reconciliation and
consensus.15
Africanism promotes social interactions in which children respect their elders and
seniors look after their children. When the criminals are punished, it is for the aim of
restoring or promoting the fair order, not as a form of retaliation. Individualism will
prevail if people do not socialize. African legal theory ensures that socialism exists
between individuals.16

15
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),
16
I.J Kroeze legal philosophy - study guide for LJU4801(Unisa Press Pretoria 2017),