Summary
Summary Ethics (Main principles)
- Course
- Ethics And The Law
- Institution
- University Of The Witwatersrand (wits)
A very short summary of the main takeaways from ethics
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TOPIC 2: ONE SHARED WORLDD Davidson ‘On the Very Idea of a Conceptual Scheme’ Inquiries into Truth and Interpretation (1984) 183
Davidson argues that the idea of a conceptual scheme, which suggests that people from different cultures or
languages have fundamentally different frameworks of understanding the world, is incoherent and cannot account
for the possibility of translation or communication between these different groups.
F Michelman ‘On the Uses of Interpretive Charity’ (2008) 1 Constitutional Court Rev 1
Michelman argues that the principle of interpretive charity, which involves interpreting legal or constitutional texts in
the most reasonable and coherent way possible, is essential for ensuring democratic legitimacy and the rule of law
in constitutional interpretation.
S Woolman ‘The Amazing, Vanishing Bill of Rights’ (2007) 123 SALJ 762
Woolman argues that South Africa's Bill of Rights, while ostensibly providing strong protections for individual rights,
has been undermined by various factors such as the prioritization of socio-economic rights and the lack of political
will to enforce these rights.
TOPIC 4: UTILITARIANISM
P Singer ‘Famine, Affluence and Morality’ (1972) 1 Philosophy & Public Affairs 229 (1972)
Singer argues that individuals in affluent countries have a moral obligation to donate a significant portion of their
wealth to help those suffering from extreme poverty and famine in developing countries.
Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC), 1997 12 BCLR 1696 (CC)
Embodies certain utilitarian values, such as the importance of promoting the greatest good for the greatest number
of people.
TOPIC 5: UBUNTU AND AFRICAN ETHICS
Yvonne Mokgoro ‘uBuntu and the Law in South Africa’ in D Cornell and N Mavangua (eds) uBuntu and the
Law: African Ideals and Post-apartheid Jurisprudence (2012) 317
Yvonne Mokgoro argues that the traditional African philosophy of uBuntu, which emphasizes interconnectedness and
human dignity, should be integrated into South African jurisprudence as a guiding principle for legal interpretation
and decision-making.
Dikoko v Mokhatla [2006] ZACC 21, 2006 (6) SA 235 (CC)
The CC ruled that the exclusion of evidence obtained through racial discrimination is necessary to uphold the right
to equality and dignity under the Constitution, and that the use of such evidence undermines the credibility of the
justice system and perpetuates systemic discrimination.
Magobe Ramose African Philosophy through Ubuntu (1999) Chapter 6 50-65
African philosophy of Ubuntu provides a holistic framework for understanding the relationship between humanity and
the natural world, emphasizing the interconnectedness and interdependence of all living beings and the need for
ethical stewardship of the environment.
Bhe v Magistrate, Khayelitsha & Others 2005 (1) SA 580 (CC)(Dissent by Justice Ncgobo)
Justice Ncgobo argues that the customary law principle of male primogeniture, which denies women the right to
inherit property from their fathers, is unconstitutional and violates the right to equality and dignity under the
Constitution of South Africa.
TOPIC 6: DEONTOLOGICAL THOUGHT
Michael Sandel “What Matters is the Motive: Kant’ Justice: What’s the Right Thing to Do? (2010) Chapter 5
Michael Sandel explores Kant's moral philosophy and argues that for Kant, the morality of an action depends not on
its consequences, but on the motives behind it, which must be grounded in a sense of duty and respect for the
inherent dignity of all persons.
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