Law, Social Justice & Global Development (An Electronic Law Journal) Multiculturalism, Legal Pluralism and the Separability Thesis: A Postmodern Critique of „An African Case for Legal Positivism‟

1 In what ways can it be said that legal positivism is suitable for African legal systems? What, actually, are the limits of legal positivism with respect to the dynamics of plurality of laws and legal structures in African society? What is the implication, for legal positivism, where individuals and groups in nation-states in Africa tend to give primacy to laws, legal structures and systems that tend to conflict with state laws, legal structures and systems? Addressing these questions the paper is a critical assessment of the theses that advocate the adoption of legal positivism for African legal systems. Challenging this position Idowu and Oke interrogate whether there is a necessary connection between multiculturalism and pluralism on one hand and the subscription to the legal positivist jurisprudence of „separability ‟ on the other? Citing the failure of proponents of the legal positivist thesis to adequately answer the multicultural question “how does legal positivism create norms and standards that are indeed suitable and appropriate for all cultures? ” the paper undertakes, in the African context, a postmodern critique of thi