Archives for April 2022

Professor Kazuhiko Yamamoto claims that resemblances of the most fundamental ethical values may be characteristic of the whole human society in primordial times. The ethics of a society without state power, represented in the Code of Leke Dukagjini, have relevance for the future of humanity in the global era. 

By Rafaela Prifti

Master’s Degree in Cultural Anthropology 

The study of the ethical structure of the Leke Dukagjini Code by Professor Kazuhiko Yamamoto of Kyushu University, translated in Albanian in undisputed mastery by Dr. Selahedin Velaj, puts forth two interesting suggestions: 1. The system of ethical values described in the Code of Leke Dukagjini comprises the original phase of social organization or the original set of ethics in human society. The author develops this suggestion by comparing the ethical structure of the Homeric society as evidenced in the Iliad and Odysseus as well as in the Greek tragedies of Aeschylus and Sophocles, in the light of the fundamental ethical concepts of the Canon, namely: the oath, honor, the guest, blood, food and revenge. Yamamoto’s conclusion is that the ethical structure of the Albanian tribal society is similar to that of the Homeric society and Greek tragedy in the fifth century BC. Starting with this hypothesis, one may shed further light on other relevant issues of the Code, specifically its age which may go back further than 2000 years – the widely accepted time-frame by the historians regarding the birth of the Code; and secondly, its geographic spread may include regions around and beyond Northern Albania. Tirana University’s Law Professor and Academic Scholar of the Code, Ismet Elezi, affirms that there exist three main versions of it in Northern Albania, i.e. the Canon of Leke Dukagjini, the Canon of Scanderbeg and the Canon of the Mountains. The Leke Dukagjini Code is believed to have existed in the form of unwritten laws of the Illyrian tribal society about two thousand years ago. Such laws were collected and transcribed in the late 19 century and the beginning of the 20 century. In the paper titles, “The customary rights in Laberia”, Professor Ismet Elezi has recorded from different sources the unwritten laws in Southwest Albania. This Code bears similarities and differences with respect to the North Albania’s Code of Ethics. More importantly, the set of rules operated in a considerably wide geographical area in the Balkan region. The very multiplicity of the Canon laws indicates that pagan societies adhered to several customary codes that were in fact based on similar ethical concepts. Professor Yamamoto states that “the concept of the ‘guest’ and the tradition of hospitality are found not only in Albania and ancient Japan. They have been widely distributed on the Euroasian landmass and other continents from time immemorial.” (Yamamoto, Kazuhiko, page 38*) Having documented the resemblances of the most fundamental ethical values, the author observes that the wide distribution of such ethical concepts may well be characteristic of the whole human society in primordial times.https://catalog.lib.kyushu-u.ac.jp/opac_download_md/4060990/p035.pdf

According to Yamamoto’s study, the antagonism between the unwritten laws of man and the laws of Gods is manifested in the Greek tragedies around the fifth century BC. In the Homeric society without state power, the individual must live as a member of the tribal group. There is no judicial authority to resolve conflicts among different tribes. Individuals make their living by insuring the existence of the whole group as well as through the rivalry and coexistence of kin groups of other origins. In the given circumstances, revenge is an ethical act carried out by the individual to appease the Gods. At the same time it is the most serious sanction of the violated or the aggrieved party to maintain public order. Unlike the Homeric society, the community of citizens in the city-state is composed of groupings that exceed the boundaries of the kin group. The ethical value system of the Homeric period that secured peace and order in a society without state power, by preserving the existence of the kin groups is transformed into a destabilizing factor in the new social order known as the ‘Greek city-state’. At this time, the act of revenge is no longer a sacred force, an act of justice directed or ordered by the gods through the individual, no longer a necessary action to reestablish order and balance in society. In order to maintain peace and order, the society with state power has to put a stop to vengeful action by the victim, while the offender or culprit has to be punished by the appropriate state authorities. Faith in the laws of the gods had suffered a setback, while the laws of humans were no longer enjoying complete support. In the delicate transition from pagan society to the society with state power,—which were the two most important social formations at the time – confusions of a religious, ethical or social nature, caused the celestial laws to weaken to the point where could not be imposed in conditions when human laws were unclear and not firmly grounded.

In my view, the most important cultural implication of the ethical study of the Canon by Professor Yamamoto is that the Canon represents not only the original code of ethics of the human society, but also the future form of ethical existence of the community of nations. This conclusion is supported by the study of the ethical concepts of the Japanese ultra-nationalist writer, Yukio Mishima. In his view, violence to preserve the community is considered an ethical force because the community itself is an ethical entity or an ethical form. Since war against an enemy is an ethical act of defending the community, then the killing of the enemy is equally ethical. “The foundation of the community, according to the Code and Mishima is ‘blood’; and bloodline which is, consanguinity. A community based on the concept of ‘blood’ has an absolute ethical obligation to preserve its existence,” writes Yamamoto (page 133). But how is the community defined? As far as the Code goes, community means the tribal society which refers to the kinship system of house-brotherhood-kin (shpi-vllazni-fis), while for Mishima, the term means the international community of nations, which may be metaphorically called a society without state power. So the question is: Can a set of rules ethically regulate a world that is unified into a big extended family in which state powers have dissolved? Professor Yamamoto clearly states that the Code functions best in a society with the following cultural features: 1) there is no functioning state power, 2) the kinship system is of primary importance, 3) a kin group is deemed a transcendental community consisting of the living and the dead, 4) the kin group has an ethical obligation to maintain its existence, 5) animism and ancestor worship have the highest priority, 6) the ethos of warriors is highly regarded, 7) spoken words are highly regarded versus the written ones. (page 132-133) Consequently, the absence of such features renders impossible the operation of the Code or in any event its effectiveness in the present social structure.

But does that mean that the Code will stay in the past, in our historical archives and anthropological studies, or does it presages the future ethical system of the globalization era? In the search for the answer, I invite consideration of a moment in the modern history of Albania. Following the collapse of the communist system, Albania experienced the deterioration of public order and the state of law and along with it, an unexpected phenomenon, the ‘resurrection’ of the Code. It appears that in a vacuum or transition period between social orders, an old set of rules was ready to regulate life from weddings to conflict resolution. In the ensuing vacuum of legal and state power, the most troubling feature of the comeback of the Code in Northern Albania was the ‘reappearance’ of revenge in its most acute form: the blood feud.

In October 2001, Radio Free Europe reported that roughly 2,800 Albanian families lived in self-isolation on account of the blood feud. The broadcast pointed out that law enforcement authorities were completely helpless. The Code ‘revival’ was documented particularly in the Northern part of Albania, specifically in the Shkodra suburbs, Puka and Malesi e Madhe. In certain instances, blood feud acts resurfaced to avenge a killing committed some 60 years back. One of the reasons for its revival was that the so-called reconciliation of blood feud cases, was politically motivated, and as such was dictated and orchestrated by the government, i.e. by state and party authorities, without respect for customary norms. Consequently, as soon as the state power lost its tight grip and fell apart, the first ethics regulator and customary code that could maintain or keep the social structure from complete collapse was (Kanuni) the Canon. But few individuals under the age of 35 were knowledgeable about the strict code of ethics, particularly with reference to the blood feud, as indicated by the findings of surveys conducted at the time. The Code clearly states that the blood of the victim must be avenged only with the blood of the offender. Unaware of the ethical code of the blood feud, certain individuals used the set of laws as an excuse for personal revenge or to legitimize killings. 

Tampering with the Code’s sanctions and the strictly regulated act of the blood feud, resulted in the killing of children, non-observance of the time rule with respect to the confinement of the offender, and engaging in revenge acts not in compliance with the ethical structure, but to fulfill a self-serving agenda. Such acts were evidence of the chaos and general ethical disorder in the society, rather than a time–honored upholding of the value system. Some of the distorted features of the ‘resurrected’ Code were the inclusion into the blood feud of the extended family of the offender, the pattern or execution of the blood feud, as well as the weapons of the blood feud. The news articles and reporting at the time cite the inability of police to intervene in blood feud cases, in what was seen as law enforcement challenging the Canon. In certain instances, families reportedly refused to address the authorities for fear of being stigmatized by the society.

These instances demonstrate that seeking revenge outside the family of the wrongdoer, and the pervasive application of the blood feud, without following specific criteria, can generate devastating results for the very existence of the human society. The acts of revenge spin out of control, thus violating the very foundation that is designed to preserve and protect, the existence of the community. The Code regulates blood feuds to prevent a full-scale battle, a progressive escalation of killings into a full-fledged civil war. The example of Albania on the brink of complete collapse and the unraveling of the legal system, shows that at a time of state and judicial vacuum, the Albanian society, being in desperate need to preserve its existence or to carry on with its normal functions, turned back to its customary code, somewhat instinctively. The “return” could be seen as a sign of a deep-rooted mindset embedded in society, its history and the collective memory of Albanians. It is notable that some Albanian scholars and ethnologists have long claimed the opposite. To a number of anthropologists and researchers, such as British Professor Antonia Young, Miranda Vickers etc., a series of new questions and intriguing subjects have emerged that were worth exploring.

Lastly, is the customary code the ethics of the future global society without state power?

In Yamamoto’s view, ‘the globalization and homogenization of the world might ironically cause human beings to lose the foundation of a society with state power, which, ultimately would result in the advent of a new type of society, where the value-system of a society without state power might be dominant.’ (page 41) Taking further the suggestion that there are two types of social order, the society without state power, and the society with state power, the author favors the theory that the former is not archaic. On the contrary, it represents an ethical system of values that are well defined and perpetual. Consequently, “the ethics of a society without state power, represented by Kanuni, are not a value-system of the past, but one that has relevance for the future of human beings.” (page 41) Such an interesting hypothesis deserves additional study and further research especially in light of the current spread of globalization and ethnic nationalism, rife with sharp contradictions, conflicts of interest and ethical crises at the highest level of governing. All of this would hamper a conscious adoption or a universal application of the ethical code of a society without state power. In my view, assuming in theory that there is a need and awareness for an ethical set of confirmed and permanent values in the human society, the Code of Leke Dukagjini, with its limitations or shortcomings, embodies a set of ethics that has not perished. 

* The Ethical Structure of the Kanun: Is it the original form of ethics in human society? YAMAMOTO, Kazuhiko Kyushu University