Reconciling Cultural Values with Legal Principles: Traditional African Justice Systems in Contemporary Context

Abstract

This comprehensive study delves into the fundamental principles of the traditional African justice system, juxtaposing it against the broader philosophical and jurisprudential evolution of the concept of justice. Drawing on a robust literature review, the article uncovers the unique features that set African justice mechanisms apart from formal court systems - the central role of community leaders, active community participation, and a focus on reconciliation and harmony. Tracing the concept of justice from ancient Greece to the present day, the study situates the African approach within this broader context. It explores diverse conceptions, from natural justice to economic, social, and corrective justice, and how they have been interpreted and applied in the African context. Crucially, the article reveals how traditional systems have often filled the gap between community needs and formal legal services. The findings suggest that the guiding principles of reconciliation and community harmony, which underpin the African justice model, offer invaluable insights for developing more holistic and inclusive justice systems. In an era of globalization, these insights could inform the pursuit of social cohesion and the common good, presenting a compelling alternative to the individualistic orientations of mainstream justice frameworks. Through its in-depth analysis and interdisciplinary approach, this study makes a significant contribution to the understanding of traditional African justice, its resilience, and its potential relevance in the contemporary world. The article's rich, sharp, and well-crafted narrative offers policymakers, scholars, and practitioners a vital resource for exploring innovative pathways to justice that prioritizes community-centric values.