Thaddeus Metz

Much of the debate about post-secularism has presumed a background of Western countries and the sort of statutory law that legislatures should make, and how they should make it, in the light of residents’ religious attitudes and practices. In this chapter I address a fresh context, namely, that of South Africa and the way that courts have interpreted, and should interpret, law in the face of African traditional religions. Specifically, I explicate the fact that, by South Africa's famously progressive Constitution, religious customs already count as law, and I illustrate how such customary law could work with three court cases related to indigenous African spirituality. Then, I lay out and evaluate the two central arguments that jurists have made in favour of South Africa's Constitutional practice of deeming long-standing religious ways of life to be sources of law. I contend that these influential arguments for customary law, which are substantially individualist, are weak, and also sketch more promising rationales, which invoke more communitarian considerations. My aim is not so much to convince the reader that South Africa’s approach to post-secularism is justified as to identify some argumentative strategies that particularly promise to justify it.

There has been the recurrent suspicion that community, harmony, cohesion, and similar relational goods as understood in the African ethical tradition threaten to occlude difference. Often, it has been Western defenders of liberty who have raised the concern that these characteristically sub-Saharan values fail to account adequately for individuality, although some contemporary African thinkers have expressed the same concern. In this chapter, I provide a certain understanding of the sub-Saharan value of communal relationship and demonstrate that it entails a substantial allowance for difference. I aim to show that African thinkers need not appeal to, say, characteristically Euro-American values of authenticity or autonomy to make sense of why individuals should not be pressured to conform to a group’s norms regarding sex and gender. A key illustration involves homosexuality.

Many values originating in Africa and in China, and ones that continue to influence much of everyday communication in those societies, are aptly placed under the common heading of 'harmony'. After first spelling out what harmony involves in substantially Confucian China, and then in Africa, this article notes respects in which the Confucian and African conceptions of harmony are similar, an awareness of which could facilitate smooth communication. The article then indicates respects in which the Confucian and African conceptions of harmony are different, a lack of awareness of which could undermine smooth communication The point of the article is to facilitate Sino-African communication by means of an awareness of indigenous moral-philosophical mindsets that continue to be salient in China and Africa, despite the influence of the West.

The dominant view amongst contemporary Western philosophers about the essence of a natu­ ral object is that it is constituted by its intrinsic properties. The ontological approach salient in the African philosophical tradition, in contrast, accounts for a thing’s essence by appeal to its relational properties. The Afro­relational ontology is under­developed, with the primary aim of this article being to help rectify that weakness. Specifically, this article’s aims are: to articulate an African approach to understanding the essence of a concrete, natural thing in terms of its relationships; to illustrate the Afro­relational approach with the examples of the self and of water; to contrast the Afro­relational characterization of the essence of the self and of water with a typically Western construal in terms of their intrinsic properties; and finally to provide an initial defence of the Afro­relational approach, both by responding to some objections facing it and by providing some new, positive reasons to take it seriously.

This chapter explores prominent respects in which humility figures into ubuntu, the southern African (and specifically Nguni) term for humanness often used to capture moral philosophies and cultures indigenous to the sub-Saharan region. The chapter considers respects in which humility is prescribed by ubuntu, understood not just as a relational normative ethic, but also as a moral epistemology. Focusing specifically on philosophical ideas published in academic fora over the past 50 years or so, the chapter contends that, although the concept of humility has not often been explicitly invoked in them to make sense of African normative ethics and moral epistemology, it is a useful lens through which to view key facets of these literate philosophies. In many ways, by ubuntu we are to be humble in respect of what an individual should claim from others, how she should appraise her own virtue, and what she may claim to know about morality (although no suggestion is made that it is some kind of ‘master virtue’ for the tradition).

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust.

Part of a symposium devoted to ‘Prediction, Understanding, and Medicine’, in which Alex Broadbent argues that the nature of medicine is determined by its competences, i.e., which things it can do well. He argues that, although medicine cannot cure well, it can do a good job of enabling people not only to understand states of the human organism and of what has caused them, but also to predict future states of it. From this Broadbent concludes that medicine is (at least in part) essentially a practice of understanding and predicting, not curing. In reply to this bold position, I mount two major criticisms. First, I maintain that the reasons Broadbent gives for doubting that medicine can cure provide comparable reason for doubting that medicine can provide an understanding; roughly, the best explanation of why medicine cannot reliably cure is that we still lack much understanding of health and disease. Second, I object to the claim that a practice is medical only if it facilitates understanding and prediction. Although Broadbent has brought to light certain desirable purposes of medicine that are under-appreciated, my conclusion is that he has not yet provided enough reason to think that understanding and prediction are essential to it. Instead of supposing that medicine has an essence, in fact, I suggest that its nature is best understood in terms of a property cluster.

In “Are Certain Knowledge Frameworks More Congenial to the Aims of Cross-Cultural Philosophy? A Qualified Yes,” Leigh Jenco responds to an article in which I had argued for a similar conclusion. I had contended roughly that the positing of objective truth combined with a fallibilist epistemology best explains why a philosopher from one culture could learn something substantial from another culture. In her response, Jenco contends that this knowledge framework does not account adequately for the intuition that various philosophical traditions have an equal standing and that traditions other than one’s own are not to be considered inferior. In addition, according to Jenco, an appeal to objective truth on the part of one epistemic culture is unavoidably oppressive, or overly risks being so, with regard to another one. In this brief reply, I argue that an appeal to objective truth in the realms of epistemology and morality in fact makes the most sense of Jenco’s concerns about inegalitarianism and oppression.

I consider the implications of two globally influential love-centred value systems for how to respond to painful memories that are a consequence of large-scale social conflict. More specifically, I articulate a moral-philosophical interpretation of the sub-Saharan worldview of ubuntu, and consider what it entails for responding to such trauma. According to this ethic, one should strive to become a real person, which one can do insofar as one honours those capable of communal (or broadly loving) relationships, ones of identity and solidarity with others. I compare the implications of this ubuntu ethic with those of prominent Christian principles such as the golden rule and the commandment to love one's neighbour, noting some similarities between them, but emphasizing differences. Salient topics addressed are reconciliation with others, reconciliation to one's situation, punishment and forgiveness.

With her new book, The Conceptual Foundations of Transitional Justice, Colleen Murphy has advanced novel, comprehensive and sophisticated philosophical accounts of both what severely conflict-ridden societies should be aiming for and how they should pursue it. Ultimately grounded on a prizing of rational agency, Murphy maintains that these societies, roughly, ought to strive for a stable and legitimate democratic polity committed to not repeating gross historical injustice and do so in ways that do right by victims. In this article, I argue, contra Murphy, that achieving democratic rights to political participation should not be considered an essential aim of transitional justice, and that, in contrast, doing right by victims should be considered an essential aim of it, not merely an appropriate means to achieving other aims. In addition, I highlight an issue downplayed in Murphy’s book, namely, the need to make trade-offs amongst the aims of transitional justice, which becomes particularly pressing upon accepting that doing right by victims is one of them.

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.

Many religious thinkers hold the immortality requirement, the view that immortality of some kind is necessary for life to have meaning. After clarifying the nature of the immortality requirement, this essay examines three central arguments for it. The article establishes that existing versions of these arguments fail to entail the immortality requirement. The essay then reconstructs the arguments, and it shows that once they do plausibly support the immortality requirement, they equally support the God-centred requirement, the view that God's existence is a necessary condition for life to be meaningful. The paper concludes by explaining why we should expect any argument for the immortality requirement also to constitute an argument for the God-centred requirement.

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.

I critically discuss contemporary work in African, i.e., sub-Saharan, moral philosophy that has been written in English. I begin by providing an overview of the profession, after which I consider some of the major issues in normative ethics, then discuss a few of the more noteworthy research in applied ethics, and finally take up the key issues in meta-ethics. My aim is to highlight discussions that should be of interest to an ethicist working anywhere in the world, focusing on ideas characteristic of the sub-Saharan region that are under-appreciated not merely for the purpose of comparative ethics, but also for substantive ethical argumentation. In particular, I maintain that there are kinds of communitarian and vitalist approaches to morality commonly held by sub-Saharan philosophers that international scholars should take seriously as genuine rivals to utilitarian, Kantian, contractarian, and care-oriented outlooks that dominate contemporary Euro-American discussion of ethically right action.

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.

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.

I seek to advance enquiry into the philosophical question of in virtue of what human beings have a dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African moral thought to construct two theoretically promising conceptions of human dignity, one grounded on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality conception cannot account for several human rights that we intuitively have, while the community conception can do so. I conclude that, of plausible theories of human dignity with an African pedigree, the field ought to favour a community-based view and critically compare it in future work with the Kantian, autonomy-based view that dominates Western thinking about dignity.

Influential moral theories in the contemporary West face problems making sense of the conflict between the interests of animals and people’s interests in culture. They have trouble explaining either the existence of strong direct duties to animals or the importance of people’s right to culture (and frequently both). In this chapter I aim to advance a relational ethic, grounded on the African philosophical tradition, that offers a promising alternative. I contend that duties toward animals and rights to culture are potentially conflicting normative branches springing from the common root of a demand to prize communal relationship. In addition to showing that communion makes good sense of the strength of some direct duties to animals and the moral significance of culture, I argue that it accounts well for how to understand the way in which they can clash and how to address it practically.