ASSIGNMENT 02 LEGAL PHILOSOHOPY
QUESTION
1. The central aim of Metz is to develop a theory inspired by ubuntu that ‘grows out of African
soil and differs from what is widespread in the west’ 1, that suits both, the western and
African groups. He states that both these groups agree on six common principles such as, the
immorality to kill an innocent person for money, to discriminate, to steal 2 and six principles
found more in African philosophy and merely in the Western. The latter principles are,
consensus, reconciliation, co-operation, need, procreate and communal. 3 Metz goes on to
develop and discuss a further 6 principles that rise out of African soil only and differs from
the western, these principles are, respecting a person’s human dignity, promoting the well-
being of others, promoting the well-being without violating human rights or failing to
enhance the welfare of others, positively relating to others and self-realization which is
probably the most dominant interpretation of African ethics in the literature, actions that are
in solidarity with vulnerable groups, and finally an action is right just in so far as it produces
harmony and reduces discord and does not fail to develop community which is known as the
most promising theoretical formulation of an African ethic found in literature that has the
potential to account for all the intuitions Metz addresses. 4
2. Communitarianism entails what ‘idowu’ calls the principle of solidarity 5, in other words,
people must provide their skills, talents and knowledge for the benefit of the community and
not one-self as an individual.6 Metz addresses an Intuition that an action is right insofar it is in
solidarity with the community, furthermore an action is right as long as it enhances the well-
being of others without violating their rights 7. There is an on-going debate that law and
morality cannot be separated, in the sense that law ensures unity or cohesion between
society and by separating the two consideration would not be given to the character of
African legal philosophy8. Gyekye. A philosopher, has recognized the dangers of unlimited
communitarianism and proposes that a person does have social values and commitments but
the person must also have individual rights and self-realization 9, just as Metz principle
recognizes a person’s self-realization, although, priority must be given to the community. 10
The second characteristic of African legal philosophy is reconciliation, according to this
theme, society is so destructive, the law must seek to resolve balance through conciliation,
1
Thaddeus Metz, ‘Toward an African moral theory’ 2007 15(3) Journal of political philosophy 322
2
Metz 2007 J Polit Philos 324
3
Metz 2007 J Polit Philos 324-327
4
Metz 2007 J Polit Philos 328-334
5
Kroeze IJ, Legal Philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2017) 149
6
Kroeze Legal Philosophy 149
7
Metz 2007 J Polit Philos 330-333
8
Kroeze Legal Philosophy 149
9
Kroeze Legal Philosophy 149
10
Metz 2007 J Polit Philos 331
QUESTION
1. The central aim of Metz is to develop a theory inspired by ubuntu that ‘grows out of African
soil and differs from what is widespread in the west’ 1, that suits both, the western and
African groups. He states that both these groups agree on six common principles such as, the
immorality to kill an innocent person for money, to discriminate, to steal 2 and six principles
found more in African philosophy and merely in the Western. The latter principles are,
consensus, reconciliation, co-operation, need, procreate and communal. 3 Metz goes on to
develop and discuss a further 6 principles that rise out of African soil only and differs from
the western, these principles are, respecting a person’s human dignity, promoting the well-
being of others, promoting the well-being without violating human rights or failing to
enhance the welfare of others, positively relating to others and self-realization which is
probably the most dominant interpretation of African ethics in the literature, actions that are
in solidarity with vulnerable groups, and finally an action is right just in so far as it produces
harmony and reduces discord and does not fail to develop community which is known as the
most promising theoretical formulation of an African ethic found in literature that has the
potential to account for all the intuitions Metz addresses. 4
2. Communitarianism entails what ‘idowu’ calls the principle of solidarity 5, in other words,
people must provide their skills, talents and knowledge for the benefit of the community and
not one-self as an individual.6 Metz addresses an Intuition that an action is right insofar it is in
solidarity with the community, furthermore an action is right as long as it enhances the well-
being of others without violating their rights 7. There is an on-going debate that law and
morality cannot be separated, in the sense that law ensures unity or cohesion between
society and by separating the two consideration would not be given to the character of
African legal philosophy8. Gyekye. A philosopher, has recognized the dangers of unlimited
communitarianism and proposes that a person does have social values and commitments but
the person must also have individual rights and self-realization 9, just as Metz principle
recognizes a person’s self-realization, although, priority must be given to the community. 10
The second characteristic of African legal philosophy is reconciliation, according to this
theme, society is so destructive, the law must seek to resolve balance through conciliation,
1
Thaddeus Metz, ‘Toward an African moral theory’ 2007 15(3) Journal of political philosophy 322
2
Metz 2007 J Polit Philos 324
3
Metz 2007 J Polit Philos 324-327
4
Metz 2007 J Polit Philos 328-334
5
Kroeze IJ, Legal Philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2017) 149
6
Kroeze Legal Philosophy 149
7
Metz 2007 J Polit Philos 330-333
8
Kroeze Legal Philosophy 149
9
Kroeze Legal Philosophy 149
10
Metz 2007 J Polit Philos 331
