Philosophical principles in the Shona traditional court system

Abstract

The paper examines the philosophical principles employed in the Shona traditional court system. Premised on the theoretical framework of philosophical sagacity and basing on ethnographic study of actual traditional Shona court sessions in selected Zimbabwean rural areas, the paper traces the logical, epistemic and ethical basic principles used in the Shona court system. Logical principles such as the principle of non-contradiction and clarity of expression, help to ensure consistency of statements and soundness of arguments. Epistemic responsibility is guaranteed by knowledge related principles such as verification, falsification and openness of dialogue. Ethical principles provide a firm grounding for the exercise of ubuntu which encompasses principles such as truth telling, self control, conflict resolution and peace building, among others. The paper argues that these principles form the rational justifications from the time a crime or offence is committed, a report is made, to the time of the court, trial and forgiveness. The philosophical principles, it is further argued, are jointly necessary and sufficient in settling cases in the Shona traditional court system since they work together to ensure social harmony and peace within the communities. Finally the paper acknowledges possible problems in the application of philosophical principles in Shona traditional court system thereby demonstrating the limits of the system. Key words: Shona, court system, ubuntu, logical principles, epistemic principles, ethical principles.