Democratic Rule of Law Versus Clan-Tribal Custom Law – Balkan References on the Example of Albania and Kosovo (Introduction to Further Analyses)

Statutory law based on the philosophy and doctrine of Roman law is the basic principle of organization, management and functioning of modern state bodies, assuming the form of a democratic state ruled by law. At the same time, the alternative (already existing in antiquity) organization of social life was primeval communities, the identity of which was shaped and sustained by clantribal rules of a hierarchically shaped community. The text consists of four parts. The first one presents the concept of the democratic rule of law (basic assumptions). The second part contains considerations on tribalism and neotribalism, i.e. a return to the idea of clan-tribal communities. The third part, in turn, was devoted to discussing the Albanian tribes being an example of clan-tribal culture in southern Europe, along with empirical research. The last part presents information on Kanunu, Besa, Gjakmarrji – the basic concepts of Albanian customary law. The text includes an introduction and ending as well as relevant literature on the subject.

Keywords: clan-tribal culture, democratic rule of law, tribalism, neotribalism, Albanian tribes, common law rules.

Statutory law based on the philosophy and doctrine of Roman law is the basic principle of organization, management and functioning of modern state bodies, assuming the form of a democratic state ruled by law. At the same time, the alternative (already existing in antiquity) organization of social life was primeval communities, the identity of which was shaped and sustained by clantribal rules of a hierarchically shaped community. The text consists of four parts. The first one presents the concept of the democratic rule of law (basic assumptions). The second part contains considerations on tribalism and neotribalism, i.e. a return to the idea of clan-tribal communities. The third part, in turn, was devoted to discussing the Albanian tribes being an example of clan-tribal culture in southern Europe, along with empirical research. The last part presents information on Kanunu, Besa, Gjakmarrji – the basic concepts of Albanian customary law. The text includes an introduction and ending as well as relevant literature on the subject.