Omoniyi Adewoye
University of Ibadan





 


Philosophy of Law in Pre-Colonial Yorubaland

While there is no distinct articulation of Yoruba traditional Philosophy of Law, Yoruba proverbs and the Odu Ifa, or Ifa divination verses, "the wisdom of the ages, the teachings of the ancestors, and the divinities" provide a great deal of insight into its essence. Yoruba philosophy of law is inextricably woven into the larger texture of the philosophy of society which the Yoruba have in common with other traditional African societies south of the Sahara. It is a philosophy of society as a holistic whole, a complex network of social relations and interdependence, "a communion of souls rather than an aggregate of individuals", pivoted on a general belief in continuity of life and a community of interest between the living, the dead and the yet unborn. It is philosophy of society anchored, so to speak, on a moral charter. Law in traditional Yoruba society assumed the complexion of this philosophy of society. Conflicts are a part of social life, but every dispute is a disturbance of the social equilibrium; it cannot be regarded as a matter "confined to the individual parties", and must not be allowed to impinge adversely on the social order. Individuals have rights, but in resolving a matter in dispute, strict adherence to the rules of law, or the assertion of bare rights, may be inadequate; the bigger objective always is to ensure genuine reconciliation between the parties. The objective of Law, then, at all levels, is to maintain the equilibrium of the society - to keep it peaceful and harmoniously integrated. It is worth noting, however, that by the 19th century, the administration of Law sometimes fell short of this ideal. Yoruba traditional philosophy of Law is pertinent to the contemporary problems of nation-building on the African continent. Its emphasis on reconciliation between parties to a dispute, human well-being and social harmony as the primary objective of Law in society is indicative of an alternative model of development. A proper grasp of this perception of Law, which the Yoruba share with other African peoples south of the Sahara, could lead to an appreciation of the moral foundation of African culture and, hopefully, the fashioning of an appropriate socio-economic framework for the development of humane and just societies.