Thaddeus Metz

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.

Many philosophers and laypeople have the following two intuitions about legal punishment: the state has a pro tanto moral reason to punish all those guilty of breaking a just law and to do so in proportion to their guilt. Accepting that there can be overriding considerations not to punish all the guilty in proportion to their guilt, many philosophers still consider it a strike against any theory if it does not imply that there is always a supportive moral reason to do so. In this paper, I demonstrate that censure theory accounts for these intuitions much better than any other theory, including forms of retributivism such as desert theory and fairness theory, and explain why censure theory is able to do so.

Routine testing is a practice whereby medical professionals ask all patients whether they would like an HIV test, regardless of whether there is anything unique to a given patient that suggests the presence of HIV. In three respects I aim to offer a fresh perspective on the debate about whether a developing country with a high rate of HIV infection morally ought to adopt routine testing. First, I present a neat framework that organises the moral issues at stake, bringing out the basic principles involved and exhibiting their logical relationships. Second, appealing to the Kantian principle of respect for the dignity of persons, I offer a thorough justification for routine testing when it serves as a gateway to anti-retroviral treatment (ART). Third, I present a respect-based defence of the controversial and novel thesis that routine testing is morally justified even if ART is unaffordable or otherwise unavailable.

In this chapter I aim to provide a moral-philosophical grounding for much of Nelson Rolihlaha Mandela’s life. I spell out a principled interpretation of ubuntu that focuses on its moral import, and then apply it to salient facets of Mandela’s 50+ struggle years, contending that they exemplify it in many ways. Specifically, I first address Mandela’s decisions to fight apartheid in the 1940s, to use violence in response to it in the 1950s and ‘60s, and to refuse to renounce the use of violence during the 1970s and ‘80s. Then I consider his attempts to negotiate with the apartheid regime in the mid to late 1980s and his support for the Truth and Reconciliation Commission (TRC) in the 1990s. Along the way, I address some suggestions that elements of Mandela’s life failed to exhibit ubuntu, such as his alleged ‘neglect’ of his family and ‘betrayal’ of the black majority regarding economic justice. My conclusion is that one can make good sense of many of Mandela’s most important decisions, including the hard choices, during the fight against apartheid by appeal to a theoretical ethic of ubuntu.

In Debating Brain Drain, Gillian Brock and Michael Blake both draw on a liberal moral- political foundation to address the issue, but they come to different conclusions about it. Despite the common ground of free and equal persons having a dignity that grounds human rights, Brock concludes that many medical professionals who leave a developing country soon after having received training there are wrong to do so and that the state may place some limits on their ability to exit, whereas Blake infers that there is neither any wrongdoing on their part, nor rightful restrictions placed on them. In this article, rather than sort out which has the better interpretation of what liberalism entails, I consider the medical brain drain in light of an alternative normative framework, one informed by ideals of communion salient in the sub-Saharan moral tradition. I argue that a principle of prizing communal relationships more naturally entails Brock's conclusions than does her appeal to liberalism.

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.

Since its inception as a professional field in the 1960s or so, African ethics has been neglected not only by virtue ethicists, but also by international scholars in moral philosophy generally. This is unfortunate, since sub-Saharan normative perspectives are characteristically virtue-centred, and, furthermore, are both different from traditional Western forms and just as worth taking seriously as they are. In my contribution, I spell out the two major respects in which virtue is a salient theme in African ethics, and critically appraise them in relation to some dominant Western conceptions.

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration.

In this article, I offer concrete suggestions about which topics, texts, positions, arguments and authors from the African philosophical tradition one could usefully put into conversation with ones from the Western, especially the Anglo-American. In particular, I focus on materials that would make for revealing and productive contrasts between the two traditions. My aim is not to argue that one should teach by creating critical dialogue between African and Western philosophers, but rather is to provide strategic advice, supposing that is a sensible goal to adopt.

In this article, I address some central issues in journalism ethics from a fresh perspective, namely, one that is theoretical and informed by values salient in sub-Saharan Africa. Drawing on a foundational moral theory with an African pedigree, which is intended to rival Western theories such as Kantianism and utilitarianism, I provide a unified account of an array of duties of various agents with respect to the news/opinion media. I maintain that the ability of the African moral theory to plausibly account for issues such as proper content, investigative ethics, and freedom of speech means that it should be taken seriously by media ethicists and merits being paired up against competing approaches in future work.

The background to the present discussion is the prevalence of political and personal criticisms in philosophical discussions about Africa. As philosophers in South Africa—both white and black—continue to philosophise seriously about Africa, responses to their work sometimes take the form of political and personal criticisms of, if not attacks on, the philosopher exploring and defending considerations about the African continent. One of us (TM) has been the target of such critiques in light of his work. Our aim in this conversation is not to diminish or deflect such critiques. On the contrary, our aim is to understand them, to make them as strong as possible, and to bring them into the cooler realm of philosophical discussion.

I seek to answer the question of whether publicly funded higher education ought to aim intrinsically to promote certain kinds of ‘‘blue-sky’’ knowledge, knowledge that is unlikely to result in ‘‘tangible’’ or ‘‘concrete’’ social benefits such as health, wealth and liberty. I approach this question in light of an African moral theory, which contrasts with dominant Western philosophies and has not yet been applied to pedagogical issues. According to this communitarian theory, grounded on salient sub-Saharan beliefs and practices, actions are right insofar as they respect relationships in which people both share a way of life, or identify with one another, and care for others’ quality of life, or are in solidarity with each other. I argue that while considerations of identity and solidarity each provide some reason for a state university to pursue blue-sky knowledge as a final end, they do not provide conclusive reason for it to do so. I abstain from drawing any further conclusion about whether this provides reason to reject the Afro-communitarian moral theory or the intuition that blue-sky knowledge is a proper final end of public higher education. I do point out, however, that the dominant Western moral theories on the face of it do no better than the African one at accounting for this intuition.

In this chapter, a reprint of an article initially appearing in the Journal of Human Rights (2010), I spell out a conception of dignity grounded on African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African-inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights.