Feud and Blood - Page 31 - The Feud in the Interrelationships Between Customary Law and Legal Process in the Adriatic Region and in the European Context. International Conference: FAIDA Feud and blood feud between customary law and legal process in medieval and early modern Europe FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • Comparing the main documents of the Albanian customary conflict resolution system (Kanun of Leka Dukadjini and Scenderbeg) with the Montenegrin (Bogišić), a particular form of mediator emerges from the rituals that focus on revenge, i.e. a trustee of the oath (faith) of truce (besa alb., umir mn.) between the parties in conflict. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • In the Albanian social context these trustees were called "dorzon" (etymology comes from the hand) while in the Montenegrin context they were called "jemci" (etymology in Slavic languages comes from "jamstvo" = guarantee). These figures, according to the parties in the conflict, had a control function of maintaining truce by ensuring that they reached the peace within the community, but also by starting a real vengeance against those who would violate the truce. The function of social control within the Community was therefore hinge on these 'men of trust' and the power was confered on them by tradition and the customary system. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. XX The dorzon was selected by the counterparty (KLD, § 973). It had to be a person who enjoyed confidence of both sides and enjoyed the honor and reputation in the community, and whose family was not in any blood revenge (Djuricic 1979, 24). In public he swore (faith) to protect the truce putting a warranty with his heritage and honour. But if his client would not respect the truce and would take revenge, the dorzon's right and duty was to punish him with the killing (revenge) or with another mutual punishment. Thus, the dorzon also had repressive powers. He is the guarantor of the truce to the injured party and the trustee of the offender. In some instances the dorzons were elected for both parties. Some dorzons became "professionals" (cops/sbirri) FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. 'Albanians,' by the Italian artist Filippo Delpino Detail from the Heidelberger Sachsenspiegel showing the homage ceremony, in which the vassals put themselves under the protection of their lords by placing their hands between his hands, 14th century; in the Universitatsbibliothek, Heidelberg. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. In the description of the ceremony of stipulation of the truce (besa), Surja Pupovci stresses that the agreement is "tight" when the representatives of the injured parties shake their hands, but adds that "can shake a hundred hands, but the agreement remains weak if the dorzon is not there". (Đuričić, 1979, 14). 1600 FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Within one month, the perpetrators have to conclude a truce with the offended party before the podesta, otherwise he must take the vendetta. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Capo leopardino dal libro di Edward E. Evans-Pritchard: The Nuer. A description of the modes of livelihood and political institutions of a Nilotic people, Oxford, 1940. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. Che cos'è la vendetta? Customary conflict resolution System, institution of social control of the community, the political-administrative-economic system and social values model. We noticed this system in: • Tribal communities • The Code of Hammurabi • Latin lex talionis • The medieval customary rite of vindicta = iustitia • Long tenure of the rite William L. Ury, "Conflict Resolution among the Bushmen: Lessons in Dispute Systems Design," Negotiation Journal vol. 11, no. 4 (October 1995), pp. 379-389 Ury concludes that "the secret of the Bushmen for managing conflicts is the vigilant, active, and constructive involvement of the community."[p. 386] The community acts as a third force in all conflicts, and actively intervenes to preserve the community's collective unity. Community norms tend to prevent serious disputes. The community works to create a favorable emotional climate for resolving disputes. The community as a whole participates in reconciling the parties‘ interests to achieve a consensual settlement, and in witnessing and responding to violations of rights and norms. Finally, conflicting parties are under social pressure to resolve their disputes. Unlike states or governments this third force is not a superior dominant force. The Bushmen community serves as an active context or background for conflict resolution. Its force is pervasive and horizontal. • “When a serious problem comes up,” writes Ury (2002), “everyone sits down—all the men, all the women—and they talk, and they talk and they talk. Each person has a chance to have his or her say. It may take two or three days. This open and inclusive process continues until the dispute is literally talked out” (p. 40). The processes involved here include mediation and consensus building. • But they are also able to prepare poison for vendetta.
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