ABSTRACT

Under the influence of the dominant thinking about law and about ethics, the thinker is pressured to detach himself or herself from what is thought so that what is thought can reveal its truth. Accordingly, thinking about law, about ethics, or about how they stand in relation to each other requires detachment on the part of the thinker. In this chapter, it is pointed out that this is not only an impossible undertaking, but it allows for the projection of the untruth as if it were the truth and, under cover, it legitimizes existing prejudices. This chapter calls for a thinking that is rooted in the African social, cultural, and historical context, while at the same time being sensitive to the indispensable interconnectedness of the African and non-African contexts.