Judicial Institutions in Albanian Customary Law and in Comparison with Modern Law (The Canon of Lekë Dukagjini)
This article compares judicial institutions of customary law and modern law. There are many discussions between authors regarding the relation between customary and modern law, specifically the impact of customary law in modern law. The role of the customary law is of crucial importance especially its impact in the positive law of the country. Although, the customary law was practiced years ago, similarities with current positive law are obvious. Many of the judicial institutions in Albanian customary law can be compared with similar ones in modern law, but is also crucial to identify differences between them. Main judicial institutions that served as enforcement mechanisms in Albanian customary law are identified in this article in comparison with respective institutions of modern law. In addition, it is important to view and analyse customary law in regard to its power as governing law in a given period. In this regard, an analysis of the Albanian customary law in view of Hart’s rule of recognition is provided.
Elsie R. (2007), The Rediscovery of Folk Literature in Albania, History of the literary cultures of East-Central Europe, (Volume 3), page 335-339.
Elsie R. (2001), A Dictionary of Albanian Religion, Mythology and Folk Culture, C. Hurst & Co. Ltd.
Durham E. (1908), High Albania and Its Customs in 1908.” The Journal of the Royal Anthropological Institute of Great Britain and Ireland, 1919.
Hart H.L.A (1961), The Concept of Law, Clarendon Press Oxford.
Hobbes T. (1651), Leviathan, Web Edition, the University of Adelaide.
Fox. L (1989), The Code of Lekë Dukagjini (translation), Gjonlekaj Publishing Company.
Masson M. and H. Hasluck (1954), The Unwritten Law in Albania. Cambridge University Press Rousseau J.J. (1762), The Social Contract, Prometheus Books 1988.
Pupovci S. (1972), Kanuni i Lekë Dukagjinit, përmbledhur dhe kodifikuar nga Shtjefën Gjeçovi, Enti i Teksteve dhe i Mjeteve Mësimore i Krahinës Socialiste Autonome të Kosovës.
Trnavci G. (2008), The Albanian Customary Law and the Canon of Lekë Dukagjini: A Clash or Synergy with Modern Law, page 9, Express Available at: http://works.bepress.com/genc_trnavci/1 (Accessed 6th December, 2015).
Yamamoto K. (2007), Struktura Etnike e Kanunit, Punim Studimor, Gjurmime Albnologjike.
The United States Constitution, as amended, available at http://constitutionus.com/, (Accessed 5th December, 2015).
Metrics powered by PLOS ALM
- There are currently no refbacks.
Copyright (c) 2016 MSc. Njomëza Zejnullahu
This work is licensed under a Creative Commons Attribution 4.0 International License.