The Natural Law Theory in Traditional African Jurisprudential Thought

Abstract

This paper is an exercise in Comparative Philosophy in that it attempts to compare the idea of Natural Law which is the basis of the Natural Law theory in Western Jurisprudential thinking with a similar idea which occurs in Traditional African Jurisprudential thought.  Thus the paper traverses the areas of Philosophy of law and Jurisprudence and of African philosophy.  The thesis of this paper is that criticisms of the Natural Law theory or the Natural Law school of Jurisprudence does not imply that it has not contributed to the development of law and the legal system. It still does.  The paper contends that Natural Law ideas have not only influenced the evolution of positive law, but in many cases have come to form part of it.  The paper affirms the point that indeed, traditional African jurisprudence in which the metaphysical, the religious, the moral, the political and the legal are unified and which recognizes two realms of law, one resting on  human authority and the other claiming divine or natural origin and therefore entitled to supremacy over the former – must have its origin in the same considerations which ground Western Natural Law theory.

Keywords: Natural law theory, African Jurisprudence, African Philosophy, Philosophy of law.