Indigenous African Jurisprudential Thoughts on the Concept of Justice: A Reconstruction Through Yoruba Proverbs

Abstract

AbstractThe absence of writing in pre-colonial Africa has often befuddled indigenous African jurisprudential thoughts about law and related concepts. This article attempts a reconstruction of indigenous African jurisprudential thoughts on the concept of justice through a prescriptive exploration of Yoruba proverbs. This attempt reveals inter alia the reconciliatory and metaphysical nature and character of justice, as well as the goals of punishment and the character and nature of a desirable judicial system in African thoughts. While noting the artificiality of the categorizations adopted for the reconstruction, the author cautions that, although it may be necessary to compare the indigenous African conceptions of justice with similar postulations in western jurisprudence, the true value of the former lies in their proper understanding and appreciation within the indigenous African setting, as doing otherwise might lead to contradictions and absurdities.