Customary law and modern legal systems: A comparative perspective

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Abstract

This paper examines the influence of customary law on modern legal systems in Albania, Kosovo, and Montenegro, focusing on its integration, challenges, and implications. Customary law, such as the Kanun (the Code) of Lekë Dukagjini, continues to shape legal practices and social structures in these countries, especially in rural areas (Cara & Margjeka, 2015). Through a comparative legal analysis, the study explores how customary norms have influenced contemporary legislation and judicial practices. The research employs qualitative methods, including document analysis of legal texts, statutory legislation, and case studies, to evaluate the interaction between traditional legal frameworks and formal state law. The findings highlight both the persistence and transformation of customary law, revealing areas of conflict with human rights principles and modern legal structures. While customary law remains an important part of local legal identities, its integration into the formal legal system must align with contemporary legal standards to ensure justice, legal uniformity, and the protection of fundamental rights. This study contributes to the broader discourse on legal pluralism, offering insights into the adaptation of traditional norms within modern legal frameworks.

Keywords: Customary Law, Legal Integration, Albania, Kosovo, Montenegro, Legal Pluralism

Authors’ individual contribution: Conceptualization — P.N. and A.M.; Methodology — P.N. and A.M.; Validation — A.M.; Formal Analysis — P.N.; Investigation — P.N. and A.M.; Resources — P.N. and S.A.; Data Curation — P.N. and A.M.; Writing — Original Draft — P.N. and S.A.; Writing — Review & Editing — A.M.; Supervision — P.N. and A.M.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K00, K40, O17

Received: 01.11.2024
Revised: 03.02.2025; 19.03.2025; 25.04.2025
Accepted: 02.05.2025
Published online: 07.05.2025

How to cite this paper: Nimani, P., Avdija, S., & Maloku, A. (2025). Customary law and modern legal systems: A comparative perspective. Corporate Law & Governance Review, 7(2), 77–83. https://doi.org/10.22495/clgrv7i2p8