The belief that human rights are culturally relative has been reinforced by recent attempts to develop more plausible conceptions of human rights whose philosophical foundations are closely aligned with culture-specific ideas about human nature and/or dignity. This paper contests specifically the position that a conception of human rights is culturally relative by way of contesting the claim that there is an African case in point. That is, it contests the claim that there is a unique theory of rights. It analyses (...) three examples of what often passes as African conception of human rights arguing that they have little or nothing to do with human rights, are simply inadequate or are not African in the sense at issue in a cultural relativism. Along the way, it distinguishes between two meanings of the term African contending that to the extent that the practice of prizing the ‘community’ higher than any other value is definitive of African, the idea of African human rights remains suspect. (shrink)

What I will be referring to as the normative view in contemporary African discourse on personhood has received substantial treatment and is beginning to exhibit the sort of systematic coherence that I believe Kwasi Wiredu once anticipated.1 Much of this is due to Wiredu's own work, as well as important recent work by Polycarp Ikuenobe, whose most recent articulation and defense of the view appear in this journal.2 My aim is to engage with this way of thinking about what it (...) means to be a person with a view to repairing aspects of it deemed to be most problematic. To this end, I pursue two broad lines of contestation—the one is theoretical, contesting some of the features it takes to be conceptually required for... (shrink)

The first and only jurisprudence textbook to put African ideas, authors, and texts into conversation with those from the Western tradition, now with revised and expanded discussions of especially natural law theory, legal realism, postmodernism, critical legal studies, critical race theory, feminism, and the philosophy of punishment, along with new lists of additional readings and of web resources. 430 pp.

In this paper, I address a range of arguments put forward by Katrin Flikschuh (2016) casting doubts on a theoretical account ofancestral persons in the work of Ifeanyi Menkiti. She argues both that their ontological status is uncertain and that they areontologically redundant. I argue that she does not succeed in convincing us to settle for a practical justification of ancestors. Ithen supplement Menkiti’s life-history account of post-mortem persistence with Searle’s account of social ontology with a viewto theoretically justify belief (...) in the existence of ancestral persons. (shrink)

Thesis -University of KwaZulu-Natal, Pietermaritzburg, 2009.

Thesis -University of KwaZulu-Natal, Pietermaritzburg, 2013.

Jeff McMahan's impressive recent defence of the embodied mind theory of personal identity in his highly acclaimed work The Ethics of Killing has undoubtedly reawakened belief that physical continuity is a necessary component of the relation that matters in our self-interested concern for the future. My aim in this paper is to resist this belief in a somewhat roundabout way. I want to address this belief in a somewhat roundabout way by revisiting a classic defence of the belief that enormous (...) changes in the contents of a person's psychology does not preclude justified fear of future pain. I have in mind Bernard Williams' The Self and the Future (1970) in which he argues, against the psychological view, that physical continuity is necessary for survival. I examine Williams' second thought experiment which ostensibly supports that intuition and afterwards defend two related claims. First, I argue that a close examination of the second thought experiment reveals that one's prior commitments to a particular criterion of personal identity can influence one's response to that thought experiment. Second, I argue that Williams' second thought experiment is set out in questionbegging terms. I do not claim, however, that the intuition under consideration lacks justification; I only claim that Williams' second thought experiment does not provide the needed support. (shrink)

There has been significant work done in contemporary African philosophy on what it means to be a person. Moreover, there is significant consensus that a traditional African conception of person not only emphasises the social aspects but also entails that in political reasoning higher premium is placed on the duties individuals have to others and the community at large, as opposed to whatever rights they may have. In contrast, not much work has been done to unpack the precise relationship between (...) that conception of social person and the normativity of needs in political thought, although such a relationship is often assumed. I want to explore the idea of person behind the experience and practice of communalism in traditional African communities and by so doing suggest how the resulting understanding of person in traditional thought, particularly in the work of Ifeanyi Menkiti and Kwasi Wiredu, might offer theoretical grounding for an African political philosophy that foregrounds needs. Beyond all these, however, I offer some perspective on the nature and normativity of needs. I finish off by suggesting how grounding needs in this traditional African idea of person provides us with ways of responding to some doubts about the normativity of needs in general. (shrink)

In his Ethics of Killing: Problems at the Margins of Life , Jeff McMahan defends what he calls the embodied mind view of identity, and then puts forward several arguments in support of the view that physical continuity of the brain is crucial to our survival. He ultimately denies that psychological continuity is of any importance. His strategy is to recommend, by means of thought experiments, intuitions that support the importance of physical continuity of the brain and then argue against (...) the plausibility of the notion of psychological continuity to which psychological theorists appeal. This paper is specifically concerned with the alleged importance of physical continuity to our survival. It responds to the positive and negative aspects of McMahan’s case by arguing that thought experiments that recommend the psychological view are far more compelling than he allows them to be and that psychological theorists can make do with a notion of psychological continuity that is immune to his criticisms. (shrink)