This paper attempts to respond to a call to find an ontological basis for establishing African legal theory. The African world of my choice is the Igbo world of South-east Nigeria. It is a world I want to examine to see how its material and theoretical structures help articulate a philosophy of law in terms of projecting a consistent understanding of law subjects and the foundations of their rights. The article builds on the contributions of F. U. Okafor and his (...) many African critics. (shrink)

When the “object” gazed at is called Africa and when the gazing subject is Africa, the observer cannot help but conclude that any gaze that is related to Africa is an intersection of gazes calling forth several questions: Who is looking at Africa? What is Africa looking at? Who looks at the one who is looking at Africa? Two problems emerge from this: the identification of the subject, and the discrimination among objects and themes produced by the limited scope of (...) these gazes. If the gaze at (or of) Africa is an intersection of perspectives, these perspectives will only find stability if they are related to the African history that is in the making. This is a plural history, for geographic diversity, and the multiplicity of acting figures and sociopolitical organizations give African history a “changeable and diverse” character. Any evaluation of the relationship of Africans to their history must be an attempt, a sketch that makes no pretense of providing a unique and certain interpretation of the African lived experience (Erlebnis) by implementing the kind of controlling philosophy of history that fixes the beginning, the length, and the order of a people's history. It is more a question of restating, with the uncertainty that characterizes any evaluation of a specific history, the problem of the relationship of African history to its becomings. How, by which conditions and through which actors does this plural history speak its moments of creation today? At its heart, how does it articulate the conflicting overlap of the gravity of existing institutions and the audacity of creation? The exploration of these questions first centers around the often discussed theme of African identity (self). The stakes at this level involve the detachment of the conditions of a dynamic re-appropriation from this notion of identity - at the very moment when globalization is conjugating itself by turns in the imperative, the indicative, and the conditional. Next, the examination will focus on relationships to otherness (the other). How can intersubjective relations be declined differently? (shrink)

Pearce's "African Philosophy and the Sociological Thesis" makes very interesting reading. Why it is interesting is not because it advances the frontiers of philosophical discourse in Africa or globally but because it shows that certain unwarranted dispositions die hard and that deliberate ignorance, if that is what is displayed, is hard to cure. In this article the author comments on the following contentions made by Pearce: (1) philosophy has no social relevance and/or responsibility; (2) philosophy is purely a linguistic activity (...) concerned with analysis of concepts and examination; (3) philosophy derives from religion; (4) because African philosophy cannot supplant world philosophy, it lacks locus and legitimacy; (5) African philosophy pursues intellectual apartheid through an ethnophilosophical agenda; and (6) African philosophy is vulnerable to the Sociological Thesis and is voided by it. The author's rebuttal consists of a critical and analytic examination of Pearce's views, counterfactual illustrations, and elicitation of enthymemic presuppositions. (shrink)

The notion of human rights is highly controversial and contested in modern scholarship. However, human rights have been defined as ‘the rational basis… for a justified demand.’ What constitutes demand should be understood as that which is different from favor or privilege but one's due, free from racial, religious, gender, political inclinations. But since rights are basic due to the fact that they are necessary for the enjoyment of something else, we are poised to examine it from the pre-figurative, configurative (...) and post-figurative stages of development in Africa. This enterprise anchors on the belief in cosmotheandrisation of human rights in Africa: cosmos ‘earth’, theos ‘God’ and anthropos ‘human’. These three levels of horizontal and vertical relationship guarantee the respect for human rights in traditional Africa. Through this approach, this enterprise shows that the positive approach to human rights is majorly declarative without corresponding pragmatic manifestation. (shrink)

The Caribbean is a site where multiple cultures, peoples, waysof thinking and acting have come together and where new formsof philosophy are emerging. The promise of Caribbean philoso-phy lays in its ability to give shape to an intellectual tradition which is both true to and beneficial to Caribbean peoples whilesimultaneously being provocative enough to engage wisdom-seekers of various geographies and identities. I argue that onlyby pursuing a “New Dialogic” which engages the philosophicaltraditions of Africans, African Americans, and Native Ameri-cans can (...) we hope to assert a unique philosophy of value toCaribbean peoples and cultures. The highest form of Caribbeanphilosophy thus must be plural and dialogical. Unfortunately,dialogues in philosophy have been typically characterized bya fixation with Europe, and a lack of consideration of otherphilosophical traditions or sources. The “New Dialogic” thatI propose here involves a more dynamic model of dialogue toopen or intensify different and multiple avenues of conceptualelaboration. I provide general guidelines or principles for this“New Dialogic” and demonstrate the extent to which Caribbeanphilosophers can both contribute to the expansion of this projectand be aided by it in their formulations of the field. (shrink)

This page provides some basic journal information (the constitution of the international editorial board of the journal, the identity of itsl publisher, its emphasis, coverage and orientation, etc.).