The Influence of Ottoman Rule on Albanian Political Sociology
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22 #2104 NOVEMBER 28 - DECEMBER 5, 2011 happy 28 november The influence of Ottoman rule on Albanian political sociology By Daut Dauti no doubt that an isolated entity can - way it was really government of Centre for Islamic Pluralism, not easily endure over time. There - the people, for the people. It had its London, UK fore, a respect for and an extraor - defects, of course; sometimes a dinary disciplined belief in the law judge took a bribe or a man bore a The political activity developed of the country was developed and false witness in spite of deterrents by the Illyrian ancestors of the Al - observed. By preserving the cus - devised against such malpractices. banian ethnos was a result of a long tomary law, the Albanians have pre - Yet the legal system worked well tradition of local governance. The served their own being. This on the whole, was often speedier political traditions, laws and cus - guardianship has enabled the main - and always cheaper than any Eu - toms that later became known as tenance of the assembly as an in - ropean counterpart, and left few Kanun evolved over many cen - stitution and deliberation as the old - crimes unsolved.” (Hasluck, Un - turies. Some historians believe that est and most original way of written Law in Albania , 1954, p. these traditions originated among democracy. The assembly in the 19). the Illyrians, but it is possible that Code of Lekë Dukagjini is presented According to the Code, the ruling they date back to remote antiquity as the main axis for keeping this na - strata had no other option but to or to a period of migration of the tion mobile. The nation has survived respect the will of the community, Indo-Europeans. ( Kanuni i Lekë together with this institution and individual wealth and property, as Dukagjinit , 1989, p. xvi – xvii). the totality of the norms of the Code. well as the laws of the land. The rul - To ensure that all men were In every social unit within a ing aristocracy could make no given fair and equal treatment, re - household, a clan, a village, or group change in the laws in force without gardless of their age, their wealth, of villages, there exists a principle obtaining, in the assembly, the con - or the status they enjoyed in society, of full subordination towards the sent of the village, the clan or the a specially-broad corpus of rules, leader. Within the community, the region. Every movement of the rul - an unwritten law, was created. Code has promoted the free move - ing aristocracy was controlled and These rules evolved from ancient ment of ideas and thoughts, which determined by the will of the com - and insufficiently documented an - the commoners brought forward. moners, which was expressed in the tecedents but shaped a legislation Not even the ruling aristocracy was assembly. Such an alignment of regulating every aspect of social, po - able to prevent or hinder this man - power did not allow for the creation litical, and economic life. The un - ner of governance, a manner rep - of an oligarchy. The ruling aristoc - written law, which was codified in resenting governing by commoners. racy had no opportunity to use pub - the XVth century, evolved into a The commoners, nearly the entire lic funds. Furthermore, no official system regulating administrative village population, had a right to residence and no personal body - and religious affairs, covering even have a say, deliberate over, and ac - guards were assumed for them. The such matters as the irrigation sys - cept or reject every decision, al - only privilege the aristocracy en - The details of Lekë Dukagjini’s life are not well known, tem and livestock. This customary liance, and duty that the aristocracy joyed was the seat of honor offered but his legacy has survived like no other in human history. law endured for at least two millen - presented for the benefit of all. This in feasts and public gatherings. nia and survived three different em - right of expression, acceptance, or The sense of community was fur - pires. rejection, on behalf of every house - ther consolidated with every oppor - entire Balkan Peninsula and was ular manner, she always received Some scholars who have studied hold, lies with the master of the tunity the Albanian highlanders pressing forward in Europe. But the same answer: “This is what Leka the Kanun and examined this phe - household. Every duty that belongs gained. The younger generations the Ottomans, in spite of many bat - has said.” Furthermore, according nomenon are of the opinion that to the tribe, village, or other units were encouraged to value the deeds tles, had not managed to subdue to Durham, what became known as the history of Albanian local delib - is to be weighed fairly by the aris - and the sayings of the elderly as if the majority of the Albanian terri - the Code of Leka erative assemblies has manifested tocracy with the commoners. (Illia, they were their own. Each individ - tories. was indeed in power, since ‘This a democratic and self-governing 1993, p. 127) ual was asked to view the home, the Two princes were well known for is what Leka has said,’ was more character ever since the early period The laws of justice were admin - village, or a number of villages as if their resistance against the Ottoman of a persuading power than the Ten of the establishment of, and through istered, carried out, and amended they were his own personal prop - occupation of Albania: Gjergj Kas - Commandments together, and the the existence of, the Illyrian states. by the ruling strata, which consisted erty. Such an approach to the de - trioti (1405–1468), whom the Turks teachings of imams and priests The assemblies of that period would of the elders. This procedure was velopment of social relations be - called Skenderbeg (Alexander), ex - were disregarded if they opposed usually meet to discuss issues re - developed within a highly elabo - tween the individual and the celled militarily; Lekë (Alexander) the sayings of Leka. It is said that lated to battle and other problems rated system. The proceedings, community, in which the individual Dukagjini (1410-1481) distinguished Pope Paul II in 1464 excommuni - that involved changes in the Code. which were public, were led by the lived and acted, created a strong himself in the judicial sphere but cated Lekë Dukagjini for his most (Elezi, 1994, p. 103). council of elders, and there existed foundation towards preventing dif - was also not unskilled in military non-Christian code. (Durham, 1991, A considerable number of arti - a system of evidence and testimony ferent forms of dictatorship and matters. p. 451). cles of this Code resemble the Greek taken from both the prosecutor and keeping the door open to democ - The details of Lekë Dukagjini’s Durham spent a considerable pe - legal tradition and Roman norms the defendant. After deliberation racy. life are not well known, but his riod of time in northern Albania, as well as the traditions of other an - the jury was expected to come up Furthermore, whenever possible, legacy has survived like no other in including Kosova, observing this cient people, but an evolution away with a decision on whether the de - a parallel system would be formed human history. It is known that phenomenon. She concluded that from them is also noticeable. A re - fendant was guilty or not. The sys - even at the central level. The previ - Lekë Dukagjini was born in the an - the laws codified by Lekë Dukagjini semblance between the main redac - tem of fines as punishments was ous shaping of the concept of state cient Illyrian city of Ulpiana, the ru - were much older than the period in tion of Kanun , the Code of Lekë carried out in cases of smaller creation also helped in this respect, ins of which are found today very which they were codified and must Dukagjini , and customary laws of crimes, which nowadays are known since a justice system existed, reg - close to Prishtina, the capital of have been functioning ever since other ancient cultures extends all as mere “offenses.” Harsh punish - ulating judicial and political rela - Kosova. His family ruled the prin - the time of the warriors of the the way to Japan. One of the great - ment was carried out in different tions. The evolution of the judicial cipality that today encompasses Bronze Age. “Lekë possibly put to - est similarities of the Albanian and forms of embargo: expulsion from conscience continued into medieval Kosova and part of northern Alba - gether the then existing tribe law, Japanese codes can be seen in their the community, suspension from times, when a system of justice was nia. As a young man, Dukagjini lived but his own laws are probably only notions of the guest and that of property rights, ostracism and even formed in the independent state in the most famous Adriatic cities those that are designed to check or food . (Yamamoto, 2001, p. 6). the death penalty, which was pro - ruled by Skenderbeg (as described of the time—Venice, Ragusa, and reform old usage by enforcing pun - Every type of unwritten code has nounced for more serious crimes. further on), with the emergence of Shkodra—where he acquired the ishment.” (Durham, 1909, p. 27). been subjected to continuous Imprisonment did not exist. Crim - “Medieval Albanian codes, where humanistic spirit of the European It is difficult to fully describe the change and undergone centuries of inal acts against the community the Albanian traditions and customs Renaissance. In fact, what inter - reforms Lekë Dukagjini brought be - addition and amendment according were considered to be much more are interwoven with the centuries- ested him most seems to have been cause the Code was conveyed orally.