Vallási és politikai konfliktusok a délszláv térségben Kanun i Leké Dukagjinit: az albán szokásjog /

The author diplays Lek Dukagjini's law book, summarizing the customary law of people in the mountainous region. It is actually perceived as the Albanian national codex, however, at the same time, several of its orders can be found at other nomadic tribes, migrating in the highlands. The protect...

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Bibliographic Details
Main Author: Heka László
Format: Article
Published: Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága Szeged 2005
Series:Acta Universitatis Szegediensis : acta juridica et politica 67 No. 10
Kulcsszavak:Szokásjog - albán
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Online Access:http://acta.bibl.u-szeged.hu/7275
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Summary:The author diplays Lek Dukagjini's law book, summarizing the customary law of people in the mountainous region. It is actually perceived as the Albanian national codex, however, at the same time, several of its orders can be found at other nomadic tribes, migrating in the highlands. The protect of honor and hospitality, whose violation led to serious consequences and similar revenge, were cosidered as the highest values in almost all the nations in the region. Albanian, living in tribes, solved every kind of social questions, and this way, they provided for the jurisdiction as well It is based on their collection of customary law that spread among the tribes of the Northern hills by oral tradition. In this work, the proof by a companion in oath ( its sense is that the companians take an oath based not on their knowledge but on the reason of trusting in the other part's honor) is shown as an acknowledged institution, such as blood revenge and the compromise deriving from the conciliation fee(the fee of the sin). If one of the cases, which originally calls for blood revenge, is conducted in a peaceful way, then the fee should be granted to the killed person's closest relative. Hospitality precedes even family relationships, whose furthest-reaching consequence is the fact that it is allowed to accept bloodmoney even for killing the brother, however putting the guest to death can only be retaliated by blood revenge. The author compares the Albanian customary law and some of its legal institutions with the law of the surroundig Southern Slav nations, and with the German customary law. This way, we can get a closer look into the Balkanian world, from which the conflicts happened in the 'powder-keg' might be understood better.
Physical Description:1-59
ISSN:0324-6523