David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Oche Onazi (ed.), African Legal Theory and Contemporary Problems: Critical Essays. Springer. 131-51 (2014)
A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Thaddeus Metz (2012). Human Rights, African Perspectives. In Deen Chatterjee (ed.), Encyclopedia of Global Justice. Springer. 501-05.
Thaddeus Metz (2012). African Conceptions of Human Dignity: Vitality and Community as the Ground of Human Rights. Human Rights Review 13 (1):19-37.
David Hollenbach (1998). Solidarity, Development, and Human Rights: The African Challenge. Journal of Religious Ethics 26 (2):305 - 317.
Thaddeus Metz (2010). Human Dignity, Capital Punishment, and an African Moral Theory: Toward a New Philosophy of Human Rights. Journal of Human Rights 9 (1):81-99.
Erol Kuyurtar (2007). Are Cultural Group Rights Against Individual Rights? The Proceedings of the Twenty-First World Congress of Philosophy 3:51-59.
John Mahoney (2007). The Challenge of Human Rights: Origin, Development, and Significance. Blackwell Pub..
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Manuel Toscano (2012). Language Rights as Collective Rights: Some Conceptual Considerations on Language Rights. Res Publica 27:109-118.
Charles Jones (2013). The Human Right to Subsistence. Journal of Applied Philosophy 30 (1):57-72.
Derrick Darby (2009). Rights, Race, and Recognition. Cambridge University Press.
Preston N. Williams (1995). Human Rights Thinking in Relationship to African Nation-States: Some Suggestions in Response to Simeon O. Ilesanmi. Journal of Religious Ethics 23 (2):323 - 331.
Amartya Sen (2012). The Global Reach of Human Rights. Journal of Applied Philosophy 29 (2):91-100.
Added to index2012-08-24
Total downloads14 ( #116,104 of 1,103,007 )
Recent downloads (6 months)4 ( #84,821 of 1,103,007 )
How can I increase my downloads?