The positivization of Ubuntu as a legal and political-constitutional principle in southern Africa

Abstract

It is assumed thThe term Ubuntu is often presented as a mere ontological, philosophical African worldview. However, the aim of this article is to equate Ubuntu philosophy with a category of open legal principles of a constitutional nature, which, although they are not formally enshrined in the written constitutions of southern African countries that share the Bantu culture, have a normative deontic character. Therefore, it is worth emphasising that this category of thought is socially present as a norm of practical reason, from which emanates the concept of justice of the Bantu peoples, who preserve a communitarian cultural identity rather than individualistic Western liberalism. The purpose of this study is to associate this worldview with a constitutional foundation of African states, especially those in southern Africa, equating it with the principles of human dignity, equality and freedom, etc., which is important for the consolidation of human rights in Africa. On the other hand, this worldview is confronted by the post-modern paradigms of global liberalism, which is also currently amalgamated in African countries. In order to achieve this objective, the research will be conducted using a methodology based on a bibliographical review and a deductive approach, supported by elements of constitutional legal dogma.at Ubunto is not only an African philosophical worldview. In view of this, the Ubunto philosophy is equated with a category of open legal principles of a constitutional nature, which, although not embodied in the written constitutions of southern African countries, which share the Bantu culture, it is worth emphasising that this category of thought is present socially as a norm of practical reason, from which emanates the concept of justice of the Bantu peoples, which preserves a communitarian cultural identity rather than individualistic Western liberalism. And the purpose of this article is to associate this worldview as a constitutional foundation of African states, especially those of southern Africa, equating it with the principles of human dignity, equality and freedom, etc. It is important for the consolidation of human rights in Africa.  From another perspective, this worldview is confronted by the postmodern paradigms of global liberalism, which is also currently amalgamated in African countries.