CONSENSUAL RECOGNITION OF UNIVERSAL RIGHTS IN AFRICAN CUSTOM

Abstract

Rights are commonly distinguished in African ethics from Western rights according to the distinct ideas of personhood which ground them. However, this sacrifices universality for cultural specificity. Against this approach, I argue that universal rights are better supported by consensual rights recognition. I show how normative justification of rights from consensual recognition is consistent with deliberative ideas of justice in African ethics. Africanist criticism, of individualist bias in Eurocentric interpretations of rights, supports the contention that rights are justified between people, not in personhood. Consensually accredited, recognized critical norms are preferable to rules derived from personhood, for the normative justification of universal rights from African ethics.

Keywords:

• deliberative justice
• African ethics
• consensus
• rights recognition
• discourse ethics

disclosure statement

No potential conflict of interest was reported by the author.