: Kanuni i Lekë Dukagjinit (Albanian Edition) (): At Shtjefën Gjeçovi: Kanuni I Leke Dukagjinit: The Code of Leke Dukagjini. : Kanuni I Leke Dukagjinit: The Code of Leke Dukagjini ( ): Leke Dukagjini, Shtjefen Gjecov, Leonard Fox: Books. Kanuni I Lekë Dukagjinit has 49 ratings and 2 reviews. Amy said: I read this for research, and it was so helpful! Which is excellent, since it was also q.
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File:Kanuni i Lek Dukagjinit.pdf
Introduction The Albanian expression for the customary law of the Albanians is Kanun. The main meaning of the Kanun on Albanian, is the customary law. The sources of the customary law of the Albanians are: After its murder by Serbs on The Kanun regulated both civil and criminal questions. This Codex was at the same time the actual Albanian condition for many centuries up to the Second World War.
The natural person alone was legally responsible after this customary law. With respect to the person one differentiated between this and their accessories. The goods of the body after the customary law of the Albanians could be hurt by impact, mutilating and by death. The impact was a consequence of anger, a battle of words or a threat. Fights between the adults on the one hand and the children on the other hand, were treated differently.
A fight, which happened between two adults, and if from it blood flowed, rather as honoring injury as bodily injury was considered. If the bodily injury were not so large, it was understood that the person who got hurt of the body could pay back in the same way.
The fight in the public as well as that fight, which arrived at ears of the public, produced a rising hate. The fight between children was not taken seriously. By mutilating one understands a separating or the injury of any part of the body.
In the Kanun a wound under peace, which was caused by the weapon, fell. The Albanian customary law did not make a large distinction between intentional and unintentional mutilating.
Unintentional mutilating was measured with more indulgence. The reason for this indistinct distinction lay probably in the fact that kanuin possibility should be taken to the author of being able to state to its defense that the act happened negligently for his part, even if it added deliberately the wound.
Intentional were the cases if someone directed deliberately the weapon against another and wounded it. On the other hand under unintentional negligent mutilating, one understood those by coincidence and without intention added wound.
This occurred then, e. The blood revenge was presented to the readers as something sensational. I do not leek the same opinion.
The nature of the blood revenge existed therein that one had the right to revenge for the death of own blood relatives. According to the Kanun, one differentiated between retaliation dugagjlnit and blood revenge gjakmarrja.
The retaliation came to the course, if someone were damaged by stealing at the fortune. The blood revenge was a consequence of the earlier committed murders or injuries of the honor. In addition of this, more down follows.
A certain group of persons were preserved by the blood revenge, like women, children, the priest, old and ill humans as well as spirit patients. The homicide without intention was not pursued. After an execution of the blood revenge the author dorasi had to inform even the public and the family of the victim that he practiced blood revenge.
In the case of a death or blood revenge, it was forbidden exercising massacre by the author to the victim. If someone added further wounds with a measurer after the death at the body of the victim, the author was charged with double murder, i. The woman remained exempted from blood revenge.
Against them, none was allowed to exercise blood revenge. If no male person were in the house, and who has not yet carried out revenge, the woman had to revenge. She could be killed only in the case of adultery, otherwise killing a woman — it was intentional or unintentional — was a large dishonor.
If the author without authorization for kankni else exercised blood revenge, his house was burned and down-cleverly, the entire mobile fortune, as for instance furniture, grain, cattle was confiscated. He had to leave the dwelling and its master areas dugagjjnit the whole family and pay a penalty. The mediator had admission everywhere. The experienced men were mostly mediators. During the period of vow, no revenge could be exercised.
The vow was extremely rarely granted to that person, who implemented the murder. The God peace besa was in the Kanun one period of the liberty and the security, which granted the house of the killing to the author kanyni his family members, in order to pursue it not immediately and a certain period ago for the blood.
The Kanun knew two kinds of the peace vow: The vow of 24 hours occurred, if the house of the killing granted peace vow to the author, then this the author participated at the dead celebration, although he had killed, and was charged for the kill. This peace vow did not last longer than 24 hours. The village could arrange an expiration of these 24 h. If the house of the killing did not grant the village peace for the family of the author, the author with its house members had to remain enclosed, it stepped a kind of house arrest, house prison.
However if the promised killed the enemy before the period of the armistice ran off, then revenge for the hurt vow was incumbent on to take to the vow receiver i. Those, which went to parents and cousins of the killing, on behalf of the author and his house, the Dubagjinit peace attained, called one peace bringer bestari.
A mediator of the blood was that one, which himself endeavored in the house of the killing, he reconciled with the author. A reconciliation of the blood could be made on two levels:. The house of the killing selected the deviancy guarantees for the money of the blood.
The oldest ones and the outstanding and reasonable men of the place determined the period for the payment of the money for the blood.
The determined time fixed for payment for the blood could not be extended, neither changed. This happens, if the author dugagjiniy with his house and the house of the killing reconciled. The involved ones soaked mutually their blood. After mixture dugagjinir the blood they exchanged the glasses and it was enough for them also to over-cross their hands, so that everyone drank the blood of the other one.
By the property of the soul mainly the honor was understood. After Albanian customary law one bore rather death as the injury of the honor. An injury of the honor could take place on three levels:. These kinds of the honor injuries were so heavy that they were to be washed off only with blood.
For this injury of the goods of the soul there was neither grace still another possibility, whereby they could be settled with fine. This crime occurred rarely. But if it was noticed that a woman was raped, the rapist was pursued and punished. However if adultery was stated that the sexual intercourse happened with agreement of the wife, then both paid for with own blood. If someone let himself in however with an engaged girl, then the family of the author stood in blood revenge with the family of the bridegroom.
The honor of the kanunni was a property-part of the honor of the man. If he was dishonored, this was the heaviest injury of the honor of a man. An injury of the honor by weapon robbery was in two different kinds: Public weapon robbery happened if one had to deliver the weapon with force or obligation. The secret weapon robbery on the other hand could be made according to a kanuin of thief on the nighttime or day.
It is interesting that the public weapon robbery for the robbing was a dishonor. For the robbing the public weapon robbery was immediately also a shame. The sanction for the secret weapon robbery was moderated.
One could forgive the thief a tax however he had for it to carry out in the height as for dugagminit murder. Honoring injuries could not be paid off by contributions of equipment.
Kanuni i Lekë Dukagjinit – Wikisource
For the robbed honor kahuni was no penalty. For the injury of the personal honor the Kanun said: There was a kind of the discrimination prohibition between the men. The life of the good one and the bad one had the same value: The public honor covers the question of the guest in the house, hospitality and dugagjjnit right. By patent right it was understood protecting a guest mikut. One differentiated between injury of hospitality and the house right.
Kanun (Albania) – Wikipedia
We will illustrate this distinction in two examples:. X comes into the house of Y. As long as X remained in the house of Y, Y was obligated for the security of X.
If it happened something to Y in the house of the X, then Duhagjinit was obliged to revenge for him, because the act of violence at Y was considered as an injury of the house right.
This case has to be understood, as injury of hospitality against someone: The robbery by open force was understood as injury of the honor. If a thief stole a cow, the owner had the right to take it back, where always it was found, also when someone the stolen cow bought. A form of the complicity in the Kanun was the accomplice. The punishment for such lfk and acceptation of stolen goods was different. As a court, it was considered the advice of the oldest ones Kanuni i pleqnis.
To the oldest ones were included also the men, which were admit for their intelligence, and experience in jurisdiction questions the Council of Elders had. The Council of Elders — also mentioned judges of the people — were mostly completely usual humans, who differed neither by origin nor social layer or otherwise from the others.