The Lasting Problem of Blood Feud

Abstract

Blood feud is one of the most prominent elements of customary law that has been practiced in Albania for centuries. It was an adequate tool of restoring justice while there was no independent Albanian state, but today it is a problematic extra-legal practice that negatively affects the socio-economic life of those involved in it. On the other hand, its existence undermines the very functioning of Albanian state institutions, public security and state legitimacy. Referring to systems theory, the phenomenon of blood feud may be analysed in three dimensions along which it presents itself as a problem to Albanian society: definition, control, and consensus. Since this article aims to answer why blood feud has lasted for centuries in the Albanian soil, we shall focus only on the definition and consensus problems. How can blood feud be adequately defined, so that no ambiguities and abuses result from it? How can one build consensus against blood feud as a social practice? We argue that blood feud should be defined as a legal sanction, which is also the way it is understood by those who practice it. Furthermore, it is crucial to achieve consensus against this phenomenon, especially in those areas most affected by it. We argue that efforts must concentrate on strategies and mechanisms of trust building.