Thaddeus Metz

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives.

In this article I articulate and defend an African moral theory, i.e., a basic and general principle grounding all particular duties that is informed by sub-Saharan values commonly associated with talk of "ubuntu" and cognate terms that signify personhood or humanness. The favoured interpretation of ubuntu (as of 2007) is the principle that an action is right insofar as it respects harmonious relationships, ones in which people identify with, and exhibit solidarity toward, one another. I maintain that this is the most defensible moral theory with an African pedigree at the time, and that it should be developed further with an eye to rivalling dominant Western theories such as utilitarianism and Kantianism. (NB: a mildly revised version, avoiding some typos and phrases that invite misinterpretation, appeared as a chapter in Isaac Ukpokolo, ed., _Themes, Issues and Problems in African Philosophy_ London: Palgrave Macmillan, 2017, pp. 97-119.)

The field of bioethics is replete with applications of moral theories such as utilitarianism and Kantianism. For a given dilemma, even if it is not clear how one of these western philosophical principles of right (and wrong) action would resolve it, one can identify many of the considerations that each would conclude is relevant. The field is, in contrast, largely unaware of an African account of what all right (and wrong) actions have in common and of the sorts of factors that for it are germane to developing a sound response to a given bioethical problem. My aim is to help rectify this deficiency by first spelling out a moral theory grounded in the mores of many sub-Saharan peoples, and then applying it to some major bioethical issues, namely, the point of medical treatment, free and informed consent, standards of care and animal experimentation. For each of these four issues, I compare and contrast the implications of the African moral theory with utilitarianism and Kantianism, my overall purposes being to highlight respects in which the African moral theory is distinct and to demonstrate that the field should take it at least as seriously as it does the Western theories.

Many countries in Africa, and more generally those in the Global South with tropical areas, are plagued by illnesses that the wealthier parts of the world (mainly ‘the West’) neither suffer from nor put systematic effort into preventing, treating or curing. What does an ethic with a recognizably African pedigree entail for the ways various agents ought to respond to such diseases? As many readers will know, a characteristically African ethic prescribes weighty duties to aid on the part of those in a position to do so, and it therefore entails that there should have been much more contribution from the Western, ‘developed’ world. However, what else does it prescribe, say, on the part of sub-Saharan governments and the African Union, and are they in fact doing it? I particularly seek to answer these questions here, by using the 2013-16 Ebola crisis in West Africa to illustrate what should have happened but what by and large did not.

We seek to outline philosophical answers to the questions of why punish, whom to punish and how much to punish, with illustrations from the South African legal system. We begin by examining the differences between forward- and backward-looking moral theories of legal punishment, their strengths and also their weaknesses. Then, we ascertain to which theory, if any, contemporary South Africa largely conforms. Finally, we discuss several matters of controversy in South Africa in the context of forward- and backward-looking theories, including the death penalty, mandatory minimum sentences and victim impact statements.

In this chapter, a reprint of an article initially appearing in the Journal of Moral Education (2010), we provide a theoretical reconstruction of sub-Saharan ethics that we argue is a strong competitor to typical Western approaches to morality. According to our African moral theory, actions are right roughly insofar as they are a matter of living harmoniously with others or honouring communal relationships. After spelling out this ethic, we apply it to several issues in both normative and empirical research into morality. With regard to normative research, we compare and contrast this African moral theory with utilitarianism and Kantianism in the context of several practical issues. With regard to empirical research, we compare and contrast our sub-Saharan ethic with several of Lawrence Kohlberg’s views on the nature of morality. Our aim is to highlight respects in which the African approach provides a unitary foundation for a variety of normative and empirical conclusions that are serious alternatives to dominant Western views.

Characteristic of the contemporary field of life's meaning has been the combination of monism in method and naturalism in substance. That is, much of the field has sought to reduce enquiry into life's meaning to one question and to offer a single principle as an answer to it, with this principle typically focusing on ways of living in the physical world as best known by the scientific method. T. J. Mawson's new book, God and the Meanings of Life, provides fresh reason to doubt both this form and this content and also develops positive alternatives to them. In this critical notice of Mawson's book, I consider several of the central arguments that he gives for a pluralist supernaturalism, explaining why I remain unconvinced.

Henry Richardson has recently published the first book ever devoted to ancillary care obligations, which roughly concern what medical researchers are morally required to provide to participants beyond what safety requires. In it Richardson notes that he has presented the ‘only fully elaborated view out there’ on this topic, which he calls the ‘partial-entrustment model’. In this article, I provide a new theory of ancillary care obligations, one that is grounded on ideals of communion salient in the African philosophical tradition and is intended to rival and surpass Richardson’s model, which is a function of Western considerations of autonomy. I argue that the relational approach of the former has several virtues in comparison to the basic individualism of the latter.

Over the last two decades, the capabilities approach has become an increasingly influential theory of development. It conceptualises human wellbeing in terms of an individual's ability to achieve functionings we have reason to value. In contrast, the African ethic of ubuntu views human flourishing as the propensity to pursue relations of fellowship with others, such that relationships have fundamental value. These two theoretical perspectives seem to be in tension with each other; while the capabilities approach focuses on individuals as the locus of ethical value, an ubuntu ethic concentrates on the relations between individuals. In this article, we ask: to what extent is the capabilities approach compatible with this African ethical theory? We argue that, on reflection, relations play a much stronger role in the capabilities approach than often assumed. There is good reason to believe that relationality is part of the concept of a capability itself, where such relationality has intrinsic ethical value. This understanding of the ethical centrality of relations grounds new normative perspectives on the capabilities approach, and offers a more comprehensive grasp of the relevance of relationships to empirical enquiry.

If contemporary African political philosophy is going to develop substantially in fresh directions, it probably will not be enough, say, to rehash the old personhood debate between Kwame Gyekye and Ifeanyi Menkiti, or to nit-pick at Gyekye’s system, as much of the literature in the field has done. Instead, major advances are likely to emerge on the basis of new, principled interpretations of sub-Saharan moral thought. In recent work, I have fleshed out two types of moral theories that have a clearly sub-Saharan basis, that differ from Gyekye’s moral perspective, and that also happen to constitute genuine rivals to dominant Western theories such as utilitarianism, Kantianism and contractualism. In catchwords, these African moral theories are constituted by ideals regarding community or friendliness, on the one hand, and vitality or liveliness, on the other. In this article I sketch these two under-explored ethical perspectives and then suggest several respects in which their implications for salient political controversies are novel and revealing. Sometimes the new African moral theories—and the community-based one in particular--entail different conclusions from Gyekye's position, while other times their conclusions are the same as Gyekye’s, but they provide different rationales for them that are more compelling than his.

In this article, I respond to questions about, and criticisms of, my article “Towardan African Moral Theory” that have been put forth by Allen Wood, Mogobe Ramose, Douglas Farland and Jason van Niekerk. The major topicsI address include: what bearing the objectivity of moral value should have on cross-cultural moral differences between Africans and Westerners; whether a harmonious relationship is a good candidate for having final moral value; whether consequentialism exhausts the proper way to respond to the value of a harmonious relationship; what makes a moral theory count as “African”; how the existing literature on African ethics relates to the aim of analytically developing and defending a single foundational moral principle; whether the intuitions I appeal to ground an African moral theory are pro tanto rightmakers or general moral truths; whether the moral theory I defend can capture pro tanto rightness; and whether the best interpretation of African ethics is self-regarding (deeming the only basic moral reason for action to be that it would develop one's own valuable human nature) or other-regarding (holding that a certain kind of harmonious relationship between individuals could ground a basic moral reason for action) .

In this chapter, I critically explore John Cottingham's most powerful argument for the thesis that the existence of God is necessary for meaning in life. This is the argument that life would be meaningless without an invariant morality, which could come only from God. After demonstrating that Cottingham's God-based ethic can avoid not only many traditional Euthyphro meta-ethical concerns, but also objections at the normative level, I consider whether it can entail the unique respect in which morality is normative, and, upon considering various ways to develop the view, I conclude that it can. However, I then raise another objection that I maintain cannot be replied to satisfactorily. The objection is that, if we had conclusive evidence for a God-based meta-ethic, then our evidence for the existence of God and of wrongness would be comparable, but they are not, either for Cottingham or for readers more generally. That is, I argue that it is incoherent to claim to know that wrongness is a function of God, given that one knows that wrongness exists, but does not know that God does. I also present an alternative, naturalist meta-ethic that avoids this incoherence, fits better with our extant metaphysical knowledge, and grounds an invariant moral system.

I focus on the metaphysical underpinnings of the censure theory of punishment, according to which punishment is justified if and because it expresses disapproval of injustice. Specifically, I seek to answer the question of what makes claims about proportionate censure true or false. In virtue of what is it the case that one form of censure is stronger than another, or that punishment is the censure fitting injustice? Are these propositions true merely because of social conventions, as per the dominant view of philosophers such as Jean Hampton and Joel Feinberg, or is there an objective fact of the matter to which these propositions correspond? Such questions have been scarcely addressed in the analytic literature, but it is urgent to do so in a systematic way. As I make clear, what is probably the primary motivation for holding the censure theory of punishment depends on the truth of certain controversial theses about normative realism.

In this article I consider what the implications of ubuntu, interpreted as an African moral philosophy, are for self-expression as a value that the media could help to promote. In contrast to the natural hunches that self-expression is merely a kind of narcissism or makes sense for only individualist cultures to prize, I argue that an attractive construal of ubuntu entails that self-expression can play an important communitarian role. The mass media can be obligated to enable people to express themselves since doing so can be one way for people to share with and care for others

In this essay, I critically evaluate the new South African state's approach to crime prevention in light of the Kantian principle of respect of persons. I show that the five most common explanations of why the state must fight crime are unconvincing; provide a novel, respect-based account of why justice requires the state to prevent crime; and specify which crime fighting techniques the state must adopt in order to meet this requirement. Reviewing the South African state's criminal justice policies and practices since 1994, I also argue that it has failed to fulfill its obligation to fight crime, which failure is neither excused nor justified.

In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral reason for the state to proportionately punish the guilty, and then demonstrates that censure theory best entails and explains this intuition. Montague does not question the intuition, but instead argues that three rival theories of punishment, including his societal-defence view, account for it to no worse a degree than my censure theory. In this article I defend my initial argument, noting resources for its defence that Montague does not appreciate and that, I maintain, provide those who believe that there is always pro tanto injustice in the state failing to proportionately punish the guilty reason to adopt censure theory over all competitors, including Montague’s societal-defence theory

A large majority of theoretical debate with regard to criminal justice at the global level has been concerned to identify which kinds of punishment of international agents are morally sound. Three key issues have been: (1) international sentencing, which concerns the rightness of international tribunals to prosecute what might be called ‘large-scale’ or ‘humanitarian’ crimes; (2) extraterritorial punishment, most topically regarding the appropriateness of a state punishing a foreign national for acts committed against it or its citizens while abroad; and (3) punishment and warfare, where the main issue is whether punishment of a guilty actor on the global stage can be a just cause for war. This entry discusses all three topics, devoting the most space to justice in international sentencing.

This article, translated into Chinese by Tian Kaifang, summarizes and critically reflects on the current state of the literature that has recently begun to put Chinese Confucianism into dialogue with characteristically African conceptions of what is good, what fundamentally exists, and how to obtain knowledge. As most of this literature has addressed value theory, this article focuses largely on it, too. It first illustrates how similar the foundational values are between the two cultural traditions; central to both traditional China and Africa is an ethic prescribing the development of one’s humanness through virtues that honour harmonious relationships. The article then indicates how the two traditions nonetheless have different understandings of the nature of harmony, which have grounded divergent judgments of which practices are morally desirable. The final section of the article discusses ontology and epistemology, which are extremely under-developed in the comparative literature, and it suggests some avenues for future research on these topics.

Given a 21st century context of sophisticated market economies and other Western influences such as Christianity, what similarities and differences are there between characteristic indigenous values of sub-Saharan Africa and China, and how do they continue to influence everyday life in these societies? Establishing that central to both non-Western, indigenous value systems are ideals of harmonious relationships, I compare and contrast traditional African and Chinese conceptions of harmony and analyze a number of respects in which an appeal to this value affects contemporary political, economic and social interaction.

In “Happiness Is the Wrong Metric,” Amitai Etzioni largely argues that human beings are motivated by more than just their own happiness, whether conceived in terms of pleasant experiences or fulfilled preferences, and that the state should attend to more than merely people’s happiness. He contends that people are often disposed to seek out, and that public policy ought to promote, what is morally right and good. While not disagreeing with this thrust of Etzioni’s position, I maintain in my contribution that it is too narrow. There is a large range of goods that people tend to pursue, and that social and political institutions should plausibly foster, which are reducible to neither happiness nor morality. They are values that are instead well captured by the concept of what makes a life meaningful. If Etzioni is correct that the state ought to enable people to live morally upright lives, then it has no less reason to enable them to live meaningful ones, too.

It appears that it would almost always be wrong to punish a person for having performed a morally justified action. The axiom of “weak retributivism” maintains that the state must not routinely punish those who have not broken a just law. However, it seems that respect for the rule of law and for majority rule requires government officials to punish individuals for breaking laws that may be somewhat unjust. An impartial and democratic state could not function if individuals flouted institutional rules any time the rules are a bit unjust. A principled concern for “systemic values” therefore entails that a state must routinely punish persons who have broken a law that may not be just.

Many readers will share the judgment that, having made an oath, there is something morally worse about consequently performing the immoral action, such as embezzling, that one swore not to do. Why would it be worse? To answer this question, I consider three moral-theoretic accounts of why it is “extra” wrong to violate oaths not to perform wrong actions, with special attention paid to those made in economic contexts. Specifically, I address what the moral theories of utilitarianism, Kantianism and a new communitarian-relational principle entail for the wrongness of oath-breaking. I argue that the former two do not adequately capture why it is extra wrong to perform an immoral action that one swore not to do, but that the latter appeal to a morality of communal relationship offers a promising account.

Philosophy is often labelled the ‘Queen of the Sciences’, meaning that it not merely gave birth to most other disciplines, but also has continued to influence their course. This chapter proceeds on these assumptions as well as the idea that post-independence, academic African philosophy ought to shape the development of other disciplines. It addresses the clusters of Law/Politics, Business/Management, Economics/Development Studies, Sociology/Anthropology, Psychology/Medicine, Education, Religious Studies/Theology, and Ecology, pointing out how these fields have been enriched by engaging with ideas salient in the African philosophical tradition, and making suggestions about additional ways in which it promises to be revealing with respect to them.