Article

Ubuntu and the law in South Africa: Exploring and understanding the substantive content of ubuntu

Published in: South African Journal of Philosophy
Volume 36 , issue 2 , 2017 , pages: 239–251

DOI: 10.1080/02580136.2016.1222807

Author(s): Sibusiso Blessing Radebe Attorney of the High Court, and Senior Legal Counsel in the information, communication and technology sector, , Moses Retselisitsoe Phooko Department of Jurisprudence,

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Abstract

Supposing some legal solutions lay in exploring and understanding the substantive content of ubuntu, what then? Is there no ground for suspecting that some legal scholars and courts, in so far as they have been dogmatists, have failed to understand ubuntu? That the terrible, seriousness and clumsy importunity with which they have usually paid their addresses to ubuntu have been unskilled and unseemly methods of solving some legal problems? Certainly, some legal problems have not rendered themselves to proper solutions through such methods.

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