ВЕРОЛОМСТВО У ОБИЧАЈИМА АЛБАНАЦА
TREACHERУ IN THE ALBANIAN CUSTOMS

Summary/Abstract: Treachery as a subject has not been sufficiently treated in legal history. Treachery (disloyalty) at Albanians also was not a topic of any profound study. The author aproaches this unknown theme on the ground of his observations and statements of informants. In this way he sets down the directions for further studies of negation of Albanian besa (the word of honour). As a practicing lawyer in the town of Peć (in Kosovo) he found out that giving a word (besa) is intermittently changed with the treachery in the sphere of Albanian customs. Disloyalties are created by making conspiracies against besa. These are organized by the masters of the houses. They clandestinely engage their patriarchal slaves to breach their word (besa) otherwise given by them. This conspiracy is based on the sacral connection between the master of the house and patrearchai slaves (members of his family). Incentive for treachery derives out of sexual instinct, striving for blood revenge (vendetta) and gread. These motives are concealed by false and construed grounds contained in the criminal plan. They serve to hide the breach of the word of honour (besa) and to present the treachery as a simple excessive act of transgressing the necessary defence by the family members engaged in the conflict. In such a way the master of the house remains publicly faithful to the word given, although at the same time he is secredy organized its breach. He also wants to avoid the punisment and payment of compensation. The words of honour (besa) make the customary law, while the treacheries create criminal acts. From the point of view of comparative law, the study of Albaniyn treachery as an institute may be interesting in the methodological approach to the study of mala fides in the early period of Roman law.

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