Oche Onazi

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society.

How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the contemporary literature on African philosophy, which is relied upon to construct a legal philosophy of disability justice comprising of ethical ideals of community, human relationships and obligations. From these ideals, an African legal philosophy of disability justice is offered as a criterion for critically evaluating existing laws, legal and political institutions, as well as providing an ethical basis for creating new ones to ensure that they are inclusive to people with disabilities. In taking an alternative perspective on the subject, the book outlines and emphasises the need for a new public culture of obligations owed to people with disabilities, highlighting both the prospects and difficulties of achieving the ideal of disability justice that continues to elude the lived experiences of millions of Africans today.

How is Nigeria’s failure to fulfil its obligations as a signatory of the United Nations Convention on the Rights of Persons with Disabilities to be appreciated or even resolved? Answers to this are sought through a seminal criticism of human rights, namely, Simone Weil’s 1942 essay Human Personality. Weil questioned the ability of human rights concepts to cause the powerful to develop the emotional dispositions of empathy for those who suffer. Weil’s insights provide a convincing explanation that the indifference of Nigerian authorities towards the Convention may be accounted for by the weakness of human rights discourse to foster human capacity for empathy and care for those who suffer. Weil’s criticisms will serve as a point of departure for a particular way to circumvent this inadequacy of human rights discourse to achieve disability justice in Nigeria through other means. I argue that Weil, through her concept of attention, grappled with and offers a consciousness of suffering and vulnerability that is not only uncommon to existing juridical human rights approaches, but is achievable through the active participation in the very forms of suffering and vulnerability in which amelioration is sought. To provide empirical content to this argument, I turn to a short-lived initiative of the Nigerian disability movement, which if ethico-politically refined and widely applied, can supply an action-theoretical grounding for and be combined with Weil’s work to elevate agitations for disability justice above human rights to the realm of human obligations.

The first part of this paper provides a general theory of moral climates, which incorporates the following three elements: first, the values and limitations of that picture of moral behaviour focused on rules, rule-following and rationality; second, that picture of moral behaviour focused on institutionally-embedded activity; and third, that picture of moral behaviour that urges us to come face to face with our own limitations, i.e., our own ways of orienting ourselves to objects of value, such that we do not neglect the vigilance required in order to see and recognise the great variety and depth of suffering and vulnerability. The moral climate of any particular social environment can be evaluated from the perspective of these three elements. The second part of the paper applies this general theory of moral climates to that of international economic institutions. It is argued that, despite their importance, both human rights discourse and institutional features designed to increase participation from developing countries in decision- and policy-making, are of limited use, partly because of their inherent limitations, and partly because of the emergence of international economic institutions in the context of an already heavily de-politicised and autonomous economic sphere. The necessary transformation of international economic institutions ought not to neglect the continuing domination of the orientation of those institutions towards the value of efficiency, to which all other values tend to be made subordinate. The paper proposes not only vigilance about the limitations of current and proposed normative languages and institutional features, but also urges the consideration of a Community Forum scheme, which is designed to bring to light and thereafter communicate, via the participation of international experts and artists, some of the particularities of suffering and vulnerability within specific communities. Finally, the paper illustrates the need for greater awareness of the particularities of suffering and vulnerability by considering the continuing problem of access to public goods and services amongst the poor in Nigeria.

The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.