Locating rights in the afro-communitarian scheme: Testing the compatibilist argument

Abstract

In this paper, I explore the relationship between individual rights and duties within the Afro-communitarian discourse in African political philosophy. The notion of individual rights is prominent in modern African political philosophy, which is usually used to refer to the tension between community and individual in Afro-communitarianism. In this paper, I specifically focus on this question: Can Afro-communitarianism ground a plausible conception of individual rights that will be of benefit to modern African societies? I will discuss two approaches within the Afro-communitarian discourse that have offered a response to this question. On the one hand, are the duty-based incompatibilists who defend the primacy of duties over individual rights and claim that Afro-communitarianism is incompatible with individual rights. On the other hand, are the rights-based compatibilists who claim that Afro-communitarianism is compatible with individual rights by according to rights and duties equal status in African political philosophy. In this paper, I will take issues with the latter. First, I argue that rights-based compatibilists have not been able to locate individual rights in Afro-communitarianism beyond selective rights granted to a few persons by the community. Second, I argue that some rights-based compatibilists ground their theory of rights on an idea of community that is not communitarian. With these arguments, I establish that rights-based compatibilism does not dislodge the claims of duty-based incompatibilism.