LJU4801 Assignment
2 (COMPLETE
ANSWERS)
Semester 2 2025 -
DUE September
2025
100% TRUSTED WORKINGS, EXPLANATIONS & SOLUTIONS
FOR MORE ASSISTANCE CONTACT:
,LJU4801 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE
September 2025
African Legal Philosophy (ALP) as a central philosophy for
us as Africans. Like all philosophies it is still developing
and evolving, but it is an important part of the
decolonisation of Africa to be actively involved in this
development. It is a philosophy that is older than you
might think (as we demonstrated in the previous learning
unit). For example, the Christian philosopher St Augustine
was born in 354 CE in Algeria and we also know of the
philosopher Amo who was born in Ghana in 1703. The
ideas that shaped African thinking were predominately
oral traditions; the written tradition is of fairly recent
origin. The written tradition of African legal philosophy is
even more recent. The reason for this is, of course,
colonisation. In most of Africa the customary law systems
and courts were replaced with those of the colonisers and
African lawyers and academics were trained in the laws of
these European countries. That meant that neither the
African legal system nor the accompanying philosophy
was developed. Therefore, a lot of what we now regard as
ALP is deduced from general African philosophy where
there 134 LJU4801/1 135 is a longer tradition. It is also
true that there are very few sources on ALP from South
African scholars and, for the most part, we rely on writers
from further afi eld. It is hoped that this learning unit will
inspire our students to become part of the development
of a truly South African legal philosophy. Carefully
consider the following quotation: Members of the
, Makwanyane court found the death penalty repugnant
because retribution and group catharsis as the bases for
punishment are inconsistent with an uBuntu-based
jurisprudence of reconciliation, restorative justice, and
democratic solidarity. As importantly, their findings
should be understood as broadly representative of South
African views regarding the moral underpinnings of the
basic law. The presence of uBuntu as a guiding norm in
the interpretation of our basic law is essential for the
legitimation of our legal system.1 Read the case of S v
Makwanyane (uploaded onto myUnisa under the
Additional Resources tab). Extensively explain why the
judgment can be seen as embodying an African legal
philosophical approach. In working through this learning
unit, please keep in mind that Africa is a very big
continent! Just as there are many European legal
philosophies, there are many African legal philosophies.
What we can do in this learning unit is to look at general
ideas and trends, but keep in mind that legal philosophy
will look different in different countries, simply because
the legal systems are different. Almost all African
countries have the problem of a mixed legal system,
consisting of European laws and African customary law,
but the rules will differ from one country to the next. That
will inevitably affect the philosophical thinking about
these rules. Moreover, the different tribal customs and
cultures will affect how the philosophy develops. Please
note: You will encounter a large number of writers and
thinkers in this learning unit. It is NOT necessary, for the
purposes of exams, to remember these names, except if
2 (COMPLETE
ANSWERS)
Semester 2 2025 -
DUE September
2025
100% TRUSTED WORKINGS, EXPLANATIONS & SOLUTIONS
FOR MORE ASSISTANCE CONTACT:
,LJU4801 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE
September 2025
African Legal Philosophy (ALP) as a central philosophy for
us as Africans. Like all philosophies it is still developing
and evolving, but it is an important part of the
decolonisation of Africa to be actively involved in this
development. It is a philosophy that is older than you
might think (as we demonstrated in the previous learning
unit). For example, the Christian philosopher St Augustine
was born in 354 CE in Algeria and we also know of the
philosopher Amo who was born in Ghana in 1703. The
ideas that shaped African thinking were predominately
oral traditions; the written tradition is of fairly recent
origin. The written tradition of African legal philosophy is
even more recent. The reason for this is, of course,
colonisation. In most of Africa the customary law systems
and courts were replaced with those of the colonisers and
African lawyers and academics were trained in the laws of
these European countries. That meant that neither the
African legal system nor the accompanying philosophy
was developed. Therefore, a lot of what we now regard as
ALP is deduced from general African philosophy where
there 134 LJU4801/1 135 is a longer tradition. It is also
true that there are very few sources on ALP from South
African scholars and, for the most part, we rely on writers
from further afi eld. It is hoped that this learning unit will
inspire our students to become part of the development
of a truly South African legal philosophy. Carefully
consider the following quotation: Members of the
, Makwanyane court found the death penalty repugnant
because retribution and group catharsis as the bases for
punishment are inconsistent with an uBuntu-based
jurisprudence of reconciliation, restorative justice, and
democratic solidarity. As importantly, their findings
should be understood as broadly representative of South
African views regarding the moral underpinnings of the
basic law. The presence of uBuntu as a guiding norm in
the interpretation of our basic law is essential for the
legitimation of our legal system.1 Read the case of S v
Makwanyane (uploaded onto myUnisa under the
Additional Resources tab). Extensively explain why the
judgment can be seen as embodying an African legal
philosophical approach. In working through this learning
unit, please keep in mind that Africa is a very big
continent! Just as there are many European legal
philosophies, there are many African legal philosophies.
What we can do in this learning unit is to look at general
ideas and trends, but keep in mind that legal philosophy
will look different in different countries, simply because
the legal systems are different. Almost all African
countries have the problem of a mixed legal system,
consisting of European laws and African customary law,
but the rules will differ from one country to the next. That
will inevitably affect the philosophical thinking about
these rules. Moreover, the different tribal customs and
cultures will affect how the philosophy develops. Please
note: You will encounter a large number of writers and
thinkers in this learning unit. It is NOT necessary, for the
purposes of exams, to remember these names, except if
