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.

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.

At least the three major academic debates one encounters about human rights in an African context are usefully framed in terms how they relate to community in various ways. Specifically, this entry first discusses disputes among moral anthropologists and political scientists about the extent to which human rights were present in pre-colonial, communal sub-Saharan societies; then it takes up ways in which group-based claims have significantly influenced human rights discourse and observance in post-war Africa; and finally it discusses how professional philosophers in and from Africa have tended to view human rights through communitarian lenses.

The dominant conceptions of moral status in the English-speaking literature are either holist or individualist, neither of which accounts well for widespread judgments that: animals and humans both have moral status that is of the same kind but different in degree; even a severely mentally incapacitated human being has a greater moral status than an animal with identical internal properties; and a newborn infant has a greater moral status than a mid-to-late stage foetus. Holists accord no moral status to any of these beings, assigning it only to groups to which they belong, while individualists such as welfarists grant an equal moral status to humans and many animals, and Kantians accord no moral status either to animals or severely mentally incapacitated humans. I argue that an underexplored, modal-relational perspective does a better job of accounting for degrees of moral status. According to modal-relationalism, something has moral status insofar as it capable of having a certain causal or intensional connection with another being. I articulate a novel instance of modal-relationalism grounded in salient sub-Saharan moral views, roughly according to which the greater a being's capacity to be part of a communal relationship with us, the greater its moral status. I then demonstrate that this new, African-based theory entails and plausibly explains the above judgments, among others, in a unified way.

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.

In this article I compare and, especially, contrast Aristotle’s conception of virtue with one typical of sub-Saharan philosophers. I point out that the latter is strictly other-regarding, and specifically communitarian, and contend that the former, while including such elements, also includes some self-regarding or individualist virtues, such as temperance and knowledge. I also argue that Aristotle’s conception of human excellence is more attractive than the sub-Saharan view as a complete account of how to live, but that the African conception is a strong contender for a limited group of the most important virtues related to morality qua rightness.

In this article we focus on three key precepts shared by Confucianism and the African ethic of Ubuntu: the central value of community, the desirability of ethical partiality, and the idea that we tend to become morally better as we grow older. For each of these broad similarities, there are key differences underlying them, and we discuss those as well as speculate about the reasons for them. Our aim is not to take sides, but we do suggest ways that Ubuntu and Confucianism might have something to learn from each other and perhaps come closer. We hope that our preliminary reflections can inspire further debate and thinking on a theme – dialogues between long-standing and large-scale non-Western traditions – that is bound to increase in importance as non-Western societies play a greater role in the global system and as the search continues for a 'global ethic'.

I have two major aims in this chapter, which is philosophical in nature. One is to draw upon values that are salient in the southern African region in order to construct a novel and attractive conception of human dignity. Specifically, I articulate the idea that human beings have a dignity in virtue of their communal nature, or their capacity for what I call ‘identity’ and ‘solidarity’, which contrasts the most influential conception in the West, according to which our dignity inheres in our rationality or autonomy. The second aim is to invoke this Afro-communitarian conception of human dignity in order to advance a new conception of why poverty is morally problematic and of what people, particularly states, are ethically required to do with regard to it. Common conceptions of poverty focus on it in terms of people lacking income, preference satisfaction (‘utility’) or general-purpose means (‘social primary goods’ in the Rawlsian jargon). In contrast, if what is special about human beings is our ability to commune with one another in a certain way, then the respects in which poverty can be an injustice and the ways that it must be fought must be understood in more communitarian or relational terms, which I both specify with several concrete examples in a South African context and contrast with the more dominant approaches.

Three of the great sources of meaning in life are the good, the true, and the beautiful, and I aim to make headway on the grand Enlightenment project of ascertaining what, if anything, they have in common. Concretely, if we take a (stereotypical) Mother Teresa, Mandela, Darwin, Einstein, Dostoyevsky, and Picasso, what might they share that makes it apt to deem their lives to have truly mattered? I provide reason to doubt two influential answers, noting a common flaw that supernaturalism and consequentialism share. I instead develop their most plausible rival, a naturalist and non-consequentialist account of what enables moral achievement, intellectual reflection, and aesthetic creation to confer great meaning on a person's life, namely, the idea that they do so insofar as a person transcends an aspect of herself in some substantial way. I criticize several self-transcendence theories that contemporary philosophers have advanced, before presenting a new self-transcendence view and defending it as the most promising.

Concomitant with the rise of rationalizing accountability in higher education has been an increase in theoretical reflection about the forms accountability has taken and the ones it should take. The literature is now peppered by a wide array of distinctions (e.g. internal/external, inward/ outward, vertical/horizontal, upward/downward, professional/public, political/economic, soft/ hard, positive/negative), to the point that when people speak of ‘accountability’ they risk speaking past one another, having some of these distinctions in mind and not others. Furthermore, often these distinctions are vague and cross-cut each other in ways that are as yet unclear. The field could benefit from having a comprehensive framework in which to place these distinctions and to view their relations. My aim in this article is to provide an analytical tool by which to classify important debate about what accountability in higher education has been and ought to be. Beyond organizing such debate, this schema will serve the purposes of revealing ambiguities in terms, conflations of ideas, assumptions that warrant questioning, and gaps in present research agendas.

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered whether an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter.

There are three major reasons that ideas associated with ubuntu are often deemed to be an inappropriate basis for a public morality. One is that they are too vague, a second is that they fail to acknowledge the value of individual freedom, and a third is that they a fit traditional, small-scale culture more than a modern, industrial society. In this article, I provide a philosophical interpretation of ubuntu that is not vulnerable to these three objections. Specifically, I construct a moral theory grounded on southern African worldviews, one that suggests a promising new conception of human dignity. According to this conception, typical human beings have a dignity in virtue of their capacity for community, understood as the combination of identifying with others and exhibiting solidarity with them, where human rights violations are egregious degradations of this capacity. I argue that this account of human rights violations straightforwardly entails and explains many different elements of South Africa’s Bill of Rights and naturally suggests certain ways of resolving contemporary moral dilemmas in South Africa and elsewhere relating to land reform, political power and deadly force.

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.

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.

The aim of this article is to establish that current thought about the point of a publicly funded university faces a dilemma. On the one hand, influential and attractive ‘macro’-level principles about how state resources ought to be accountably used entail that academic freedom should be utilised solely for the sake of social justice or some other concrete public good. Standard theories of public morality entail that an academic’s responsibility is entirely to be ‘responsive’ or ‘relevant’ to her social context in the way she teaches and researches. On the other hand, ‘micro’-level self-conceptions of teachers and researchers include the idea that it can be proper to use academic freedom in order to discover and impart knowledge that is unlikely to foster social justice, however construed. Probably most academics accept the idea that ‘knowledge for its own sake’ can often merit pursuit and transmission. In this article, I use the most space to defend the second horn of the dilemma, the micro-level perspective, by indicating just how counterintuitive the macro one is. As a foil I critically discuss a recent report by the South African Council on Higher Education, which occasions awareness of the position that the right to academic freedom is exhausted by a duty to benefit society. However, I conclude by noting prima facie defences of the first horn, pointing out that dominant accounts of institutional ethics forbid scholars from seeking knowledge for its own sake, and hence indicating the need to resolve an antinomy about the proper final ends of a state university.

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 spell out a conception of dignity grounded in 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 contend that there are important moral reasons for individuals, organisations and states to aid others that have gone largely unrecognised in the literature. Most of the acknowledged reasons for acting beneficently in the absence of a promise to do so are either impartial and intrinsic, on the one hand, being grounded in properties internal to and universal among individuals, such as their pleasure or autonomy, or partial and extrinsic, on the other, being grounded in non-universal properties regarding an actual relation to the agent, such as common membership in a family or culture. In contrast, I articulate and defend the existence of two unrecognised reasons for beneficence that can take the form of being impartial and extrinsic. One is that a being’s capacity to be part of a sharing relationship with us can provide some reason to help it, and another is that a sharing relationship qua relationship is an end-in-itself that can provide some reason to help another. I differentiate these considerations from one another and from the more standard reasons for beneficence, provide arguments for thinking that they are central to beneficence, and rebut objections that are likely to be offered by friends of the more standard reasons.

In a prior issue of Developing World Bioethics, Cheryl Macpherson and Ruth Macklin critically engaged with an article of mine, where I articulated a moral theory grounded on indigenous values salient in the sub-Saharan region, and then applied it to four major issues in bioethics, comparing and contrasting its implications with those of the dominant Western moral theories, utilitarianism and Kantianism. In response to my essay, Macpherson and Macklin have posed questions about: whether philosophical justifications are something with which bioethicists ought to be concerned; why something counts as ‘African’; how medicine is a moral enterprise; whether an individual right to informed consent is consistent with sub-Saharan values; and when thought experiments help to establish firm conclusions about moral status. These are important issues for the field, and I use this reply to take discussion of them a step or two farther, defending my initial article from Macpherson's and Macklin's critical questions and objections.