Author(s)

Ishmael D. Norman^1,2,3*, Blandina M. Awiah Norman^2,4

¹School of Public Health (Hohoe Campus), University of Health and Allied Sciences, Ho, Ghana.
²Institute for Security, Disaster and Emergency Studies Sandpiper Place, Langma, Ghana.
³African Academy for Environmental Health Sciences (AAEHS), University of Malawi, Chichiri Blantyre, Malawi.
⁴Consultant, Ghana Health Service Ministries, Accra, Ghana.

Principle-based ethics appears to be recent addition to Sub-Saharan Africa’s rights profile, although universal principles of morality have been part of the region from time immemorial. In this regard, periodic review of how principle-based ethics is being integrated into the health-seeking behavior of Sub-Saharan Africa is essential to the capabilities and functionings of the people. Whether the Hohfeldian incidents should be applied to Sub-Saharan Africa in measuring the degree of autonomy, capacity and informed consent, given the limited actual and medical education. Whether ethical concepts of “responsibility” and “paternalism” should be more promoted and if so, what happens to their “functionings” and “being”? The author examined the literature on ethics, searched databases for reports and published papers in the English language. Hand searching of selected printed journals and grey literature such as technical reports and conference proceedings were also accessed and briefed for further analyses. This shows that Hohfeldian rights are a natural part of African ethics. Principle-based ethics does not incorporate African ethics per se, although physicians’, and decision experts’ paternalism enhances the health-seeking behavior of Africa’s people, it interferes with their “rights”, “claims”, “power” and “privilege”, as well as their capabilities and functionings. Hohfeldian rights relate to Sub-Sahara Africa as universal man and amalgamate with African ethics and morality through the paternalism of doctors, community leaders and other “decision experts” in society in general. The application of the principle-based ethics in the healthcare delivery system and in other endeavors of Sub-Saharan Africa is achieved through the paternalism of superior powers. This compromises the functionings and being of the people.

Hohfeldian Incidents, Principle-Based Ethics, Capability, Functionings, African Traditional Ethics, Sub-Saharan Africa

Norman, I. and Norman, B. (2016) Juxtaposition of Hohfeldian Rights, Principle-Based Ethics, Functionings, and the Health-Seeking Behavior of Sub-Saharan Africa. Advances in Applied Sociology, 6, 344-362. doi: 10.4236/aasoci.2016.610026.