Kanun (Albania)

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The Kanun (also Gheg Albanian: Kanû/-ja, other names include Albanian: doke, zakon, venom, usull, itifatk, adet, sharte, udhë, rrugë[1]) is a set of Albanian traditional customary laws, which has directed all the aspects of the Albanian tribal society.[2][3]

For at least the last five centuries and until today, Albanian customary laws have been kept alive only orally by the tribal elders. The success in preserving them exclusively through oral systems is an indication of ancient origins.[4] Strong pre-Christian motifs mixed with motifs from the Christian era reflect the stratification of the Albanian customary law across various historical ages.[5] The Kanun has held a sacred – although secular – longstanding, unwavering and unchallenged authority with a cross-religious effectiveness over the Albanians, which is attributed to an earlier pagan code common to all the Albanian tribes.[6] The Albanian Kanun is regarded as a literary monument that is of interest to Indo-European studies, reflecting many legal practices of great antiquity that find precise echoes in law codes followed by other Indo-European peoples, potentially inherited from the Proto-Indo-European culture.[7][8][9]

Over time, Albanian customary laws have undergone their historical development, they have been changed and supplemented with new norms, in accordance with certain requirements of socio-economic development.[10] Besa and nderi (honour) are of major importance in Albanian customary law as the cornerstone of personal and social conduct.[11]

The first known codification of Albanian oral customary law was published by the Ottoman administration in the 19th century.[12][13] Several regional Albanian customary laws have been collected and published during the 20th and 21st centuries, including The Kanun of Lekë Dukagjini, The Kanun of Skanderbeg and The Kanun of Labëria. During the years of the communist regime, the Albanian state abolished by law the customary practices. However their exercise returned after the 1990s as a result of the collapse of state institutions in Albania and in Kosovo.[14] In Albania, in particular, the exercise of customary law was observed especially in matters related to property law.[15]

  1. ^ Martucci 2017, pp. 78–81.
  2. ^ Cook 2001, p. 22.
  3. ^ Galaty 2002, pp. 113–114.
  4. ^ Galaty 2018, pp. 101–102.
  5. ^ Trnavci 2010, p. 205.
  6. ^ Tarifa 2008, p. 11.
  7. ^ Fortson 2010, p. 448.
  8. ^ Lafe 2021, p. 81.
  9. ^ Joseph, Costanzo & Slocum: "Albanian Online – Lesson 4: Geg"
  10. ^ Cite error: The named reference Elezi was invoked but never defined (see the help page).
  11. ^ Gawrych 2006, p. 115.
  12. ^ Anonymous 1872, p. 1.
  13. ^ Hetzer 1980, p. 27
  14. ^ Reinkowski 2005, pp. 138–139.
  15. ^ Bardhoshi 2013, p. 73.