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INTEGRATING UBUNTU ETHICS INTO LEGAL APPROACHES TO SEXUAL VIOLENCE IN AFRICA

INTEGRATING UBUNTU ETHICS INTO LEGAL APPROACHES TO SEXUAL VIOLENCE IN AFRICA

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Abstract: The prevalence of sexual violence within Southern African states under neoliberal response frameworks has not effectively mitigated the scourge in African communities. The value of involving indigenous African methods to resolve conflict, particularly for sexual violations, remains elusive. The article explores how the philosophical ethical values in ubuntu could potentially inform and guide the responses of Southern African states to sexual violence. The ethics of ubuntu, with its emphasis on communal living and moral integrity, opposes the pervasive nature of sexual violence. The argument presented is that African philosophy, through its maxim, conveys social experience as fundamentally moral, a principle deeply embedded in ubuntu law. As part of the African indigenous knowledge system, African philosophy offers a holistic worldview that integrates ethical conduct into everyday life. This contribution proposes that adopting a philosophical ethical perspective in postcolonial African legal frameworks could improve responses to sexual violence, fostering more effective and culturally resonant solutions within African communities.

Keywords: African law; African philosophy; conflict resolution approaches; indigenous African knowledge; sexual violence; uBuntu ethics; uBuntu justice

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