Ubuntu: A Comparative Study of an African Concept of Justice

The formal structure of the paper flows as follows: it begins by exploring the general meaning of the African concept of ‘Ubuntu’. Section II, explores the legal concept of ‘Ubuntu’ thereby linking it with the notion of ‘justice’. Then in Section III, there is an attempt to appreciate the disguised presence of ‘Ubuntu’ in the Indian scenario reflected in the progressive interpretation of Article 21 of the Indian Constitution by the Supreme Court of India. In Section IV, the relation between ‘Ubuntu’ and ‘Restorative Justice’ is explored. Finally Section V contains the conclusion.

The African concept of ubuntu and restorative justice

Africans have always presented a world view which diametrically opposes traditional Western philosophy. In traditional Africa the concepts ubuntu, community, indigenous justice and restoration are interlinked and aimed at the restoration of victims and the reintegration of offenders back into the community. The restoration of relationships and social harmony undermined by the conflict are also of importance.

Contents: Foreword, John Braithwaite Preface, Howard Zehr Part I Reconsidering Restorative Justice: Prolegomena: Restorative justice philosophy through a value-based methodology, Theo Gavrielides and Vasso Artinopoulou Aristotle on restorative justice: where the restorative justice and human rights movements meet (I * I'I'I1/2I'I- IIxI I'I'), Vasso Artinopoulou and Theo Gavrielides The teachings of restorative justice, Gerry Johnstone Problematizing restorative justice: a Foucaldian perspective, Giuseppe Maglione Gatekeeping in restorative justice and related research, Anne Hayden. Part II Case Studies in Contemporary Society: The nexus between rights and restorative justice: using a case example of an organization 'C' - the right - or moral and spiritual claim - to recognition, Robert E. Mackay Global justice, restorative justice and universal peace in the reality of international politics and state power, Christodoulos K. Yiallourides and Mersilia Anastasiadou Institutionalizing restorative justice: paradoxes of power, restoration, and rights, Mara Schiff Relationality in justice and repair: implications for restorative justice, Susan Sharpe Rights and restoration in Canada: reflections on practice, law and theory, Brenda Morrison Conflict resolution theory, practice and challenges that lie ahead, Maria Hadjipavlou. Part III Back to Basics for Restorative Justice: Returning conflict and justice to aboriginal peoples: restorative justice reconsidered, Judah Oudshoorn Realizing the potential of restorative justice, Evelyn Zellerer The African concept of Ubuntu and restorative justice, Marelize Schoeman Restorative pain: a new vision of punishment Theo Gavrielides Epilogue: reconstructing restorative justice philosophy, Theo Gavrielides and Vasso Artinopoulou Index.

Ubuntu: A comparative study of an African concept of justice, by Paul Nnodim and Austin C. Okigbo

Human rights invoked in the international context are often treated as having self-evident content. The focus is on implementation and enforcement. The urge to enforcement is especially strong when...