Legal Philosophy: An Analysis of Ubuntu and English's Argument

This essay delves into the concept of Ubuntu, a Nguni Bantu term signifying 'humanity towards others' and the principle of 'I am because we are.' The paper explores the philosophical arguments surrounding Ubuntu, particularly within the context of South African jurisprudence, referencing incidents guided by this philosophy. It examines Rosalind English's argument regarding Ubuntu and analyzes its philosophical points of departure, incorporating other relevant philosophies like utilitarianism and moral rights. The essay discusses the historical context, including the 1996 conference of black academics, the application of Ubuntu in the constitutional court, and its role in post-apartheid South Africa. It questions the practical application of Ubuntu, particularly in light of persistent inequalities and the influence of European cultural values. The essay also explores the values associated with Ubuntu, such as respect, sharing, community, and consensus, and its potential in fostering harmony and cooperation within society. The essay concludes by assessing the current relevance and future prospects of Ubuntu in the legal and social landscape.

Running head: UBUNTU
UBUNTU
Name of the student:
Name of the university:
Author note:

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Ubuntu is a Nguni Bantu term that means ‘humanity’. When interpreted it means
as “I am because we are”. The statement can also be considered as the ‘humanity
towards others’. There have been several incidents that are guided by the philosophy of
Ubuntu1. The paper aims to discuss the English argument regarding Ubuntu and explain
the philosophical point of departure by using other relevant philosophies. The paper will
examine the article written by English and analyze her argument.
1.1
During the early May 1996, a conference of black academics was convened in
the University of Venda in order to discuss the need for a clear philosophy of education.
The conferences were to help the process of Africanisation of south African universities.
The expectation of the political power was to in the hand of African majority it was said2.
However, it has been seen that the institutes of higher education were in some way still
dominated by educational and cultural values that were imported from the Europe. It
was the specific attempt to find indigenous source of academic Endeavour which is not
defiantly limited to the universities3. Firstly, the attempt in order to come in front of the
full panel of the constituitional court, S V Makwanyane, a specifically South African
jurisprudence was sought on the basis of the untranslatable concept of ubuntu. in the
specific task, the enthusiasm has not been displayed in any subsequent judgment. It is
the recent decision regarding the constitutionally of the amnesty laws. in this
circumstance, ubuntu hardly got any mention. The question that arises here are, will
ubuntu be resuscitated in the future or recent days? Was ubuntu even born? And if yes
what are the reasons ubuntu diminished so early.
1 wa Mberia, Kithaka. "UBUNTU: LINGUISTIC EXPORATIONS." International Journal of Research and
Innovative technology 2, no. 1 (2015): 103-115.
2 Radebe, Sibusiso Blessing, and Moses Retselisitsoe Phooko. "Ubuntu and the law in South Africa:
Exploring and understanding the substantive content of ubuntu." South African Journal of Philosophy 36,
no. 2 (2017): 239-251.
3 Mawere, Munyaradzi, and Gertjan van Stam. "Chapter Eleven Ubuntu/Unhu as Communal Love: Critical
Reflections on the Sociology of Ubuntu and Communal Life in sub-Saharan Africa." Violence, Politics and
Conflict Management in Africa: Envisioning Transformation, Peace and Unity in the Twenty-First
Century (2016): 287-304.

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1.2
Ubuntu is a traditional African concept. The word originated from the Zulu and
Xhola language. The concept is roughly translated as humanity towards others”.
According to moral rights in ethics, human beings have fundamental rights and that
cannot be taken away. Therefore from the perspective of morality, it is an ethical
situation where people are deprived of their fundamental rights. The people who belong
there get their obstacles while accessing their fundamental rights. Therefore, the
perspective of the author is to manifest the ethical situation of the Africans. The
philosophy of utilitarianism, happiness is the major goal of human and any action that
gives produces happy consequences is an ethical decision or action. Ubuntu involves
all the virtues that are significant in maintaining harmony and the spirit that initiates
sharing among the members of a society4. Therefore, it is similar to the theory of
utilitarianism. The philosophy implies an appreciation of traditional beliefs as well as a
constant awareness of the fact that today’s actions are the reflection of the past. A
person who knows Ubuntu will certainly know his or her place in the universe and will
constantly be able to make interaction gracefully with the other individuals. One of the
main aspects of ubuntu is that, an individual will effectively represent itself to the people
from among whom she or he comes and therefore, that person tries to behave
accordingly along with the highest standard and exhibit the virtues upheld by her or his
society.
During the period of 1990s, the concept of ubuntu was adapted by post-apartheid
South Africa. It was as an ideology seen as a vehicle that would bring harmony in the
society and corporation among the members of the society. The values of ubuntu
include respect for the other and include traits such as helpfulness, sharing, community,
caring, trust and unselfishness. The term ubuntu underscores the significance of
agreement or consensus as well as gives priority to the community’s well-being as a
whole5.
4 West, Andrew. "Ubuntu and business ethics: Problems, perspectives and prospects." Journal of
Business Ethics 121, no. 1 (2014): 47-61.
5 Okoro, K. N. "Ubuntu ideality: The foundation of African compassionate and humane living." Journal of
Scientific Research and Reports 8, no. 1 (2015): 1-9.

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1.3
The unifying worldview of ubuntu is expressed in the Zulu that interprets as ‘a
person is a person through other person’. The concept of ubuntu, that is by a western
point of view might be interpreted as an affective social ethic or rule of conduct. When
the rule of conduct is to share with other and care for others with the ubuntu concept,
then what are the reasons that there is a gap in the indigenous Jurisprudence.
According to English, the quest for ubuntu is in south Africa where the indigenous
people tend to face difficult situations. The author says when Ubuntu was widely
popular in this areas, what are the reasons that there is a profound existence of
inequality and discrimination. The power has certainly shifted to the African majority, for
whom ubuntu played a vital role6. However, a dominance of the European culture and
values tend to make a prominent impact even today. Even after the Africanisation of
South African universities have no impact on the culture and educational values.
Therefore, there is a doubt that did ubuntu existed? The people who have constantly
believed in the philosophy of ubuntu are only not making any contribution towards the
improvement and development in the culture7. The culture in some way remains to be
influenced by the colonial years.
The article Ubuntu: The Quest for an Indigenous Jurisprudence. South African
Journal of Human Rights by Rosalind English was to ask that if there is anyone left who
believes in the ohilosophy of ubuntu. as ubuntu is a philosophy that helps in working
with communi1ty, however it does not do so. In fact, it has remained under the cultural
an educational values of Europe.
6 Letseka, Moeketsi. "Ubuntu and justice as fairness." Mediterranean journal of social sciences 5, no. 9
(2014): 544.
7 Eliastam, John LB. "Exploring ubuntu discourse in South Africa: Loss, liminality and hope." Verbum et
Ecclesia 36, no. 2 (2015): 1-8.

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References:
Eliastam, John LB. "Exploring ubuntu discourse in South Africa: Loss, liminality and
hope." Verbum et Ecclesia 36, no. 2 (2015): 1-8.
Letseka, Moeketsi. "Ubuntu and justice as fairness." Mediterranean journal of social
sciences 5, no. 9 (2014): 544.
Mawere, Munyaradzi, and Gertjan van Stam. "Chapter Eleven Ubuntu/Unhu as
Communal Love: Critical Reflections on the Sociology of Ubuntu and Communal Life in
sub-Saharan Africa." Violence, Politics and Conflict Management in Africa: Envisioning
Transformation, Peace and Unity in the Twenty-First Century (2016): 287-304.
Okoro, K. N. "Ubuntu ideality: The foundation of African compassionate and humane
living." Journal of Scientific Research and Reports 8, no. 1 (2015): 1-9.
Radebe, Sibusiso Blessing, and Moses Retselisitsoe Phooko. "Ubuntu and the law in
South Africa: Exploring and understanding the substantive content of ubuntu." South
African Journal of Philosophy 36, no. 2 (2017): 239-251.
wa Mberia, Kithaka. "UBUNTU: LINGUISTIC EXPORATIONS." International Journal of
Research and Innovative technology 2, no. 1 (2015): 103-115.
West, Andrew. "Ubuntu and business ethics: Problems, perspectives and
prospects." Journal of Business Ethics 121, no. 1 (2014): 47-61.