Afro-communitarianism and affirmative action in South Africa: A response to David Benatar

Abstract

In a 2008 article “Justice, Diversity and Racial Preference: a Critique of Affirmative Action”, published in the South African Law Journal, David Benatar argues that affirmative action in South African higher education institutions cannot be justified. In response to this argument and the views expressed in his article, I show that his conclusions depend on an individualistic, decontextualised, and dehistoricised conception of the person. I argue that if we take an Afro-communitarian understanding of the person as our starting point, Benatar's arguments fail. An upshot of my argument is that affirmative action emerges as a useful and critical measure of restorative justice in the South African context.