Assignment two of Legal Philosophy (LJU4801).
By
Mr. , Student Number:
Submitted in partial fulfillment of the requirements for the degree
LLB (Bachelor of Laws)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
2023
, Question 1
In general, Ubuntu means humanity, humanenes, morality and compassion.
Reconciliation, harmony through social relationships within the group, self-actualization
through participation in the group as a whole, duty to others, compassion, warmth,
empathy, to older people who know more about life than younger people. Emphasizes
respect, communication, and communication group solidarity and personal interests. It
condemns competition and hostile relationships between dogs. Instead of confrontation,
she seeks cooperation.1
Scientific and philosophical interest in this concept began with the inclusion of the term
in the Transitional Constitution. In one of the first cases decided by the newly
constituted Constitutional Court, judges had to deal with terms related to the death
penalty. In the case of S v Makwanyane2 Judge Mokgoro described ubuntu in the
following way:
“Generally, ubuntu translates as ‘humaneness’. In its most fundamental sense it
translates as personhood and ‘morality’. Metaphorically, it expresses itself in umuntu
ngumuntu ngabantu, describing the significance of group solidarity on survival issues so
central to the survival of communities. While it envelops the key values of group
solidarity, compassion, respect, human dignity, conformity to basic norms and collective
unity, in its fundamental sense it denotes humanity and morality. Its spirit emphasises
respect for human dignity, marking a shift from confrontation to conciliation. In South
Africa ubuntu has become a notion with particular resonance in the building of a
democracy. It is part of our rainbow heritage, though it might have operated and still
operates differently in diverse community settings. In the Western cultural heritage,
respect and the value for life, manifested in the all-embracing concepts of ‘humanity’
and ‘menswaardigheid’, are also highly priced. It is values like these that s 35 requires
to be promoted. They give meaning and texture to the principles of a society based on
freedom and equality”.
1
Kroeze IJ, Legal philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2017) 165.
2
S v Makwanyane and another 1995 3 SA 391 (CC) par 308.
