The Virtue of Gossip

abstract

The moral status of gossip is generally defmed negatively from a Western perspective and, I argue, is or should be accorded a more positive role in African accounts of ethics. In a broadly communitarian vein, I argue that a characteristically Western approach to gossip is problematic - in that it casts a fundamental aspect of human life as moral wrongdoing, does not provide an adequate fit between wrongness and censure, and excludes significant morally positive values realised through gossip - and argue for a more nuanced account. Examining and responding to five arguments for the viciousness of gossip, and proposing four candidate virtues, I develop an account that distinguishes vicious from virtuous forms of gossip.     

Mind the Gap

Abstract

Monogamy and polygamy are often considered to be a binary pair. Yet this binary is only possible under very particular conditions. This essay explores those conditions which are elided in order to sustain the binary through analyses of cases from across Christian history. In doing so, we are able to see places were monogamy and polygamy blur and create what I term polygamous monogamy. In particular I pay attention to the way time — which is impacted by other elements from Christianity such as divorce, remarriage, and the afterlife — factors into numbering marriages.     

African Philosophy and Postmodern Rationality

Abstract

In this essay I explore some of the ramifications that postmodernism, in its re-vision of Western rationality, holds for African philosophy. Insofar as African philosophy has associated itself with the traditional form of Western rationality, I argue that much can be gleaned by African philosophy from postmodernism's re-vision of Western rationality. The merits of such a postmodern re-vision of Western rationality for African philosophy include, an acknowledgement of alternative forms of reasoning and their accompanying cultural expressions; an insistence that knowledge production is not independent of moral and political value; a grounding of rationality in social relations; and a recognition of commitment, caring and feeling in rationality.     

Democratic pluralism and majority rule

Abstract

I argue that Metz’s undertaking, in seeking a ‘comprehensive basic norm’ to underpin African ethics, is similar to Hans Kelsen’s postulation of the Grundnorm in his Pure Theory of Law. But African ethics does not need to be underpinned by an approach such as Kelsen’s. In my view, Metz’s preference for seeking to develop a Grundnorm rests upon a failure to attend carefully to the distinctness of African ethical thinking from Western ethical thinking. This failure is manifest in a spurious distinction (on which Metz relies) between ‘moral anthropology’ / ‘cultural studies’ and ‘normative theory’. It is also manifest in Metz’s failure to attend carefully to the work of Wiredu and Bujo, both of whom present systematic, critical analyses of African ethical thinking while implicitly rejecting the quest for a Grund norm as being unAfrican.     

Liberal democracy: An African critique

Despite the end of the Cold War and the ascendancy of liberal democracy, celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to liberal democracy’s inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal democracy among African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely logical inconsistency, impracticability due to the largely communalistic outlook of many Africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures.     

Ifá divination as an exercise in deconstructionism

Abstract

Placide Tempels’ Bantu Philosophy has largely been met with hostility from African philosophers. Whilst Tempels intended to show that the Bantu were not only capable of thinking, but also that they had a distinct and coherent philosophy of their own, his project seems to have achieved exactly the opposite. Temples’ project sought to expose the racism of thinkers such as Lucien Levy-Bruhl, thereby raising the African to the same status as the Westerner. However, his efforts have been rejected for a number of reasons ranging from the view that it is a theory of magic, freely generalized to the Bantu, to the accusation that his project fails to speak on behalf of the oppressed Bantu and furthermore, that he is overly obsessed with finding the African difference at the cost of reason. In this paper, I seek to argue that a neglected critique of Tempels is one that has to do with the basis of his philosophical racialism. I seek to show that at the root of Bantu Philosophy is racialism grounded in the same assumptions as those made by Levy-Bruhl. I seek to argue that the categories that Tempels creates for Bantu thought do not simply seek to articulate a genuine difference from Western categories. The Bantu categories are coined as inferior, incoherent, inarticulate, illogical, and mystified. I argue that it is for reasons of philosophical racialism that Tempels urges his Western audience to overthrow their logical and articulable systems if they ever want to understand the Bantu system of thought.     

Interpreting Ecofeminist Environmentalism in African Communitarian Philosophy and Ubuntu: An Alternative to Anthropocentrism

Abstract

The question of what an African ecofeminist environmental ethical view ought to look like remains unanswered in much of philosophical writing on African environmental ethics. I consider what an African ecofeminist environmental ethics ought to look like if values salient in African communitarian philosophy and ubuntu are seriously considered. After considering how African communitarian philosophy and ubuntu foster communitarian living, relational living, harmonious living, interrelatedness and interdependence between human beings and various aspects of nature, I reveal how African communitarian philosophy and ubuntu could be interpreted from an ecofeminist environmental perspective. I suggest that this underexplored ecofeminist environmental ethical view in African philosophical thinking might be reasonably taken as an alternative to anthropocentric environmentalism. I urge other ethical theorists on African environmentalism not to neglect this non-anthropocentric African environmentalism that is salient in African ecofeminist environmentalism.     

The True Confessions of a White Rawlsian Liberal: An Argument for a Capacities Approach to Democratic Legitimacy

Abstract

This paper takes as its point of departure the constitutional talks in South Africa in the early 1990’s. I suggest that liberal rather than democratic values held a particular attraction to South African political philosophers like me. Taking the example of Rawlsian liberalism, I show how liberalism locates the normative anchors of legitimacy outside the democratic process and is content with a weak interpretation of political equality. As an alternative I sketch a capacities approach to democratic legitimacy drawing on the work of Sen and Nussbaum. In particular I argue that the capacity to participate in democratic practices is what grounds and legitimizes principles of democratic justice agreed to by citizens. I conclude by suggesting that South Africa’s democracy would have been stronger if the state had attended to the capacities of citizens to participate in the democratic process.     

Consistent Liberalism does not Require Active Euthanasia

I argue that ‘classical liberalism’ does not sanction any easy permissiveness about suicide and active euthanasia. I will use liberal arguments to argue that the distinction between active and passive euthanasia is real and that assisted suicide is, at the very least, deeply troubling when viewed from an authentic liberal perspective. The usual argument for active euthanasia is a utilitarian, not a liberal argument, as recent calls to eliminate the conscientious objection rights of doctors who refuse participation in such procedures plainly demonstrate. The paper focuses on arguments in the public sphere (such as those articulated by James Rachels).     

Die neo-inklusivistiese benadering tot religieuse pluraliteit

Abstract

Neo-pragmatists Richard Rorty and Stanley Fish have recently argued that philosophy has no consequences for legal practice (except, in the case of Fish, in so far as it carries rhetorical force). They have asserted not only that philosophy cannot provide absolute metaphysical foundations for legal practice, but also that philosophy cannot be used to criticise law. This essay examines Fish and Rorty’s reasons for denying the practical force of philosophy. Although I agree with Rorty and Fish’s non-foundationalism, I argue that in practice lawyers employ discursive categories and concepts that can be described as philosophical. I suggest also that philosophy has a critical function and that the characterisation of philosophy offered by these theorists amounts to a conservative assertion of the formal completeness and substantive justice of existing liberal legal systems. Against Fish and Rorty, I argue and selectively demonstrate that lawyers can usefully draw upon ‘public ironists’ such as Nietzsche, Foucault and Derrida to criticise and improve upon extant legal practices.     

The Motivation for “Toward an African Moral Theory”

Abstract

Here I introduce the symposium issue of the South African Journal of Philosophy that is devoted to critically analysing my article “Toward an African Moral Theory.” In that article, I use the techniques of analytic moral philosophy to articulate and defend a moral theory that both is grounded on the values of peoples living in sub-Saharan Africa and differs from what is influential in contemporary Western ethics. Here, I not only present a précis of the article, but also provide a sketch of why I have undertaken the sort of project begun there, what I hope it will help to achieve, and how the contributors to the symposium principally question it.     

Privacy and Justification*

In this paper, I aim to demonstrate the importance of liberal engagement in public debate, in the face of Nagel’s claim that respect for privacy requires liberals to withdraw from their ‘control of the culture’. The paper starts by outlining a pluralist conception of privacy. I then proceed to examine whether there really is liberal cultural control, as Nagel affirms it, and whether such control truly involves a violation of privacy. Moreover, I argue that Nagel’s desire to leave the social and cultural space radically neutral is incompatible with Rawls’ conception of public reason and clashes with the need to justify liberal institutions.*Winner of the inaugural Res Publica Postgraduate Essay Prize, 2005.     

Is the Same‐sex Marriage Debate Really Just about Marriage?

In What is Marriage? One Man and One Woman: A Defense, Sherif Girgis, Ryan Anderson and Robert George defend the ‘conjugal marriage’ while claiming to make no moral judgments about homosexuality. My contention in this article is that the argument of What is Marriage is not sufficiently different from the arguments of classical new natural law theorists (NNLT), and, therefore, What is Marriage does not remain neutral on the question of whether homosexuality is moral. First, I give an overview of some classical NNLT arguments on the nature of marriage and their sexual ethic. Next, I present What is Marriage's account of conjugal marriage as a comprehensive union of two people, focusing on what makes a genuinely bodily union. I then move to the central contention of this article. By drawing on its understanding of genuinely bodily union and its account of the harm of same‐sex marriage, I argue that What is Marriage is committed to the view that same‐sex sexual unions cannot be good, since on its account of things there can be no shared sexual goods in a same‐sex sexual ‘union’.     

Do I need ethnic culture to be free? A critique of Will Kymlicka’s liberal nationalism

Abstract

As part of a vigorous debate about the politics of multiculturalism, Will Kymlicka has sought to find grounds within liberal political theory to defend rights for cultural groups. Kymlicka argues that the individual’s ability to choose the good life necessarily takes place in a cultural context such that access to one’s ethnic or national culture constitutes a condition of autonomy. Thus, in liberal societies where the culture of minority ethnic groups or nations is under threat, these groups should enjoy certain special rights so as to uphold the autonomy of their individual members. However, Kymlicka’s ‘liberal nationalist’ argument relies on a problematic isomorphism between culture and identity. Very simply, I shall argue that an individual’s culture is not necessarily given by their membership of an ethnic group or nation, thus breaking the link between individual autonomy and rights for ethnic groups or nations.     

Singapore's Cultural Experimentation: Gay Rights,Stem Cells,Casinos and the Evangelical Response

Abstract

Since the early 1990s the Singapore government has been taking a more liberal stance on controversial issues such as gay rights, embryonic stem cell research and the gaming industry. My paper analyses the Singapore state's utilitarian justification and its authoritarian enactment of these liberal policies. The first part looks at the underlying motivation for the cultural makeover. I frame my analysis around the reaction of the Singapore Christian community to these developments. I focus on the criticisms of the state's ‘liberal’ agenda made by Evangelicals, and describe how the People's Action Party (PAP) regime has defended these policies on utilitarian grounds. The first part ends with a comparative analysis of how the ‘cultural war’ debate was played out in Singapore and the USA. In the second part I examine the procedural aspects of this cultural experimentation. I start with a review of Singapore's political reform. I show that civil society in Singapore has attained a new openness. Yet there remain constraints, leading critics to label the PAP-led government as a ‘soft-authoritarian’ democracy. Singapore's cultural policies, I explain, are essentially an ‘elitist’ state-engineered top-down development. This is in contrast to the experience in the USA, where grassroots activists exercise tangible bottom-up influence on how cultural contests are resolved. My main thesis is to argue that Singapore's recent cultural liberalisation is guided by social–economic expediency notwithstanding the alleged moral risks, and that these are state-commanded liberal experimentations, imposed by the ruling elite upon a constituency that is still largely conservative in moral outlook.     

RELIGIOUS REASONS AND POLITICAL ARGUMENTATION

In Evangelium Vitae Pope John Paul II calls for a renewal of culture to combat the culture of death. He criticizes various aspects of a pluralistic, liberal society—a type of society that he claims is based on moral relativism and a view of democracy that becomes a substitute for moral law. He maintains that such a view trivializes moral choice. In this essay I argue that John Rawls's notion of a liberal society as an overlapping consensus of comprehensive doctrines can avoid relativism while allowing for reasonable debate among opposed positions. While Rawls maintains that comprehensive doctrines, including religions, should employ a form of public reason that is not a unique feature of any one comprehensive doctrine, I argue that this requirement is too strong. One is often justified in appealing to features of comprehensive doctrines other than one's own, features that are unique to the doctrines themselves. Such an appeal does not pretend to be neutral as public reason would seem to be. In the final section of the paper I discuss some suggestions made by the Pope regarding actions in civil society that are independent of debates about legal change and suggest some ways in which they might contribute to desired cultural transformation.     

Public Reason as a Form of Normative and Political Justification: A Study on Rawls’s Idea of Public Reason and Kant’s Notion of the Use of Public Reason in What is Enlightenment?

Abstract

This article explores the historical and philosophical backgrounds that inform the appropriation of the term “public reason” in liberal theory. Particularly, it studies the differing nuances attached to public reason by Kant and Rawls. The article suggests that, while Kant viewed the public use of reason as a conditio sine qua non for Enlightenment to take place within the Prussian society, Rawls’s notion of public reason in Political Liberalism serves a different purpose in our contemporary world. Rawls sees public reason as a tool, which would enable citizens of the pluralistic liberal state to unearth tolerable bases for coexistence, despite their trenchant and often conflicting ideological, cultural and religious differences. Moreover, Rawls’s notion of public reason aims at liberal legitimacy: the normative and political justification of the legal power of the state in liberal democracy.     

Self‐legislation,Respect and the Reconciliation of Minority Claims

It is a widely supported claim that liberal democratic institutions should treat citizens with equal respect. I neither dispute nor champion this claim, but investigate how it could be fulfilled. I do this by asking, as a sort of litmus test, how liberal democratic institutions should treat with respect citizens holding minority convictions, and thereby dissenting from a deliberative output. The first step of my argument consists in clarifying the sense in which liberal democracies have a primary concern for the respectful treatment of citizens qua self‐legislating persons. Taking the second step, I address critically the common tendency in the literature to concentrate on what I have termed the ex ante legem phase, focusing solely on the structure of institutionalized decision‐making processes. I submit, rather, that the principle of equal respect for persons demands more of liberal democratic institutions to enhance citizens' chances to give voice to their consciences and influence, on that ground, the formulation of the rules to which they should conform. Fulfilling this commitment requires democratic theorizing to go beyond the ex ante legem phase and regard forms of ex post legem contestation as an extension of citizens' right to political participation. Against this backdrop, I take the third and last step and argue that a promising way forward consists in the adoption of an ex post legem version of conscientious exemptionism, granting citizens a conditional moral right to request exemptions on the grounds of conscience from certain controversial legal and political provisions.     

Rethinking the metaphysical questions of mind,matter, freedom,determinism, purpose and the mind-body problem within the panpsychist framework of consolationism

Consolationism is an emergent intellectual current in 21st century African philosophy that presents itself as an alternative constructive framework for metaphysics, with an epistemic foundation in the African thought-world and being universally applicable. In this paper, I trace the influences of consolationism within African philosophy, and argue that this original philosophical system is the product of the African complementary perspective of the universe understood as an interconnected whole of diverse entities. I submit that the doctrine of mood which lies at the heart of the consolationist system introduces new concepts into African metaphysics and recasts the question of being. I show how the consolationist perspective sheds light on the persistent mind-body problem and establishes consciousness as a necessary feature of the universe. Deploying the method of exposition and analysis, I assert that the panpsychist framework of consolationism facilitates a novel way of conceptualising such metaphysical questions as mind, matter, the mind-body problem, purpose, freedom, and determinism.     

What Lies Beyond Same‐Sex Marriage? Marriage,Reproductive Freedom and Future Persons in Liberal Public Justification

In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient.