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1. African Legal Philosophy
African colonisation by European countries had social, political and economical impact in Africa,it is for this reason that little is known about African Legal Philosophy because "In most of Africa the customary law systems and courts were replaced by those colonisers and African lawyers were trained in these European Countries."[1]
1.1Nature of African Philosophy
There has been an on going debate around the nature of African Legal Philosophy. Some of the writers claim that African Legal Philosophy do exist. Okafor [2] is among the writers who think that African Legal Philosophy is close to the theory of Natural law, according to him customs for serve as a yard stick that upon which law is measured. Taiwan rejects this notion he argues that African Legal Philosophy does not exit he thinks that the concept is just a myth. Oruka states that, it does not mean that the idea does not exist just because it unknown is not known. He says African legal Philosophy has its on unique form and it must not be expected to have the the same pattern as the Western Philosophy.
1.1 Types of Legal Philosophy
1.1.2 Ethnophilosophy
The philosophy is based communal and collective and is orally transferred. [3] The philosophy is based on the metaphysical assumptions and traditional wisdom it tends to combine philosophy mysticism and religion while critical analysis takes a back seat. Cite error: A <ref> tag is missing the closing </ref> (see the help page).,They are the custodians f of the survival of their society. They represent the worldview and also reflect there on.[4]
'1.1.3 Nationalist philosophy'
It is the ideological philosophy that attempts to produce a unique political theory based on socialism. It is not based on neither capitalist nor socialist, but based on African communalism. Philosopher has a role to play.
2. Themes of African Philosophy
2.1 Communitarianism
The concept is based on the significance of the family unit; it includes extended families as well as ancestors. [5] The interest of the community are more important than the interest of an individual. Conflict among st the community is regarded as destructive. Conflicts have to be settled and restored. Members of the community have essentially the same the same goals and values.
2.1.2 Reconciliation
The African way of resolving dispute I based on reconciliation, the purpose is to achieve social cohesion. Punishment is meant to restore order. The theory of reconciliation may be regarded as humanism. Kroeze Legal philosophy 151.
2.1.3 Ubuntu
There is no specific definition of Ubuntu, from the legal philosophy perspective, Phooko and Radebe[6] refers to Ubuntu is a way of life that is based on “Group cantered" individualism which consists of the following central components; Communitarianism which deals with among others practice where children are expected to respect every adult person, reciprocity which means family members have responsibility among each other rationality in way of metaphors like the spirit of batho pele with regard to service delivery and reality rather than metaphysics , the perpetrator is expected to apologise to the community and the victim rather than seek forgiveness to God.