Judicial Institutions in Albanian Customary Law and in Comparison with Modern Law (The Canon of Lekë Dukagjini)

MSc. Njomëza Zejnullahu

Abstract


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. 


Keywords


customary law; modern law; judicial institutions; the canon; procedure; appeal

References


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Full Text: PDF

DOI: 10.21113/iir.v5i2.86

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Copyright (c) 2016 MSc. Njomëza Zejnullahu

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