JPIL Vol 7 Issue 2 2016 - Article 2

AFRICA AND ITS SHIFTING VALUES: RIGHTS AND WRONGS? CRIMINAL JUSTICE AND THE RIDDLES OF DELIVERANCE
Jackson Nyamuya Maogoto
 
Incommensurable values need not necessarily be incompatible, and, where they are not, they can co-exist. If values were only incommensurable the problem could be surmounted—a vision which allow[s] for and satisfied discrete but compatible conceptions of the good life is attainable. It is the incompatibility of values that offers us the greatest challenge.
The importance of diverse social fields in creating laws that reflect norms is no more evident than in African societies, where people are divided into tribal, cultural, religious groups and along rural and urban lines. African states would appear then to manifest the most legally pluralistic systems. Reality demonstrates that this is not necessarily the case.

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