Sunday, July 13, 2008

Albanian Blood Feuds

One of the purposes of the constitutional system, so says the Preamble, is to establish justice. Madison tells us in Fed 10 that "No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity." So a neutral third party is necessary in order to ensure that just outcomes occur whenever disputes exist in society.

Still, we like the allure of settling things ourselves. That's what we seem to like about Joe Horn. He saw a problem and did not wait for anyone to come to his assistance, he settled the issue himself. Sounds nice, but the NYT has a story on what can happen to a country, Albania to be exact, when an entire society's legal system is based on vigilantism.

Under the Kanun, an Albanian code of behavior that has been passed on for more than 500 years, “blood must be paid with blood,” with a victim’s family authorized to avenge a slaying by killing any of the killer’s male relatives. The Kanun’s influence is waning, but it served as the country’s constitution for centuries, with rules governing a variety of issues including property ownership, marriage and murder.
The National Reconciliation Committee, an Albanian nonprofit organization that works to eliminate the practice of blood feuds, estimates that 20,000 people have been ensnared by blood feuds since they resurfaced after the collapse of Communism in 1991, with 9,500 people killed and nearly 1,000 children deprived of schooling because they are locked indoors.
By tradition, any man old enough to wield a hunting rifle is considered a fair target for vengeance, making 17 male members of Christian’s family vulnerable. They, too, are stuck in their homes. The sole restriction is that the boundaries of the family home must not be breached. Women and children also have immunity, though some, like Christian, who physically matured at an early age, begin their confinement as boys. Family members of the victim are usually the avengers, though some families outsource the killing to professional contract killers.
Blood feuds have been prevalent in other societies, like mafia vendettas in southern Italy and retaliatory violence between Shiite and Sunni families in Iraq. Appalachian bootleggers in the 19th century also took up arms to defend family honor.
But the phenomenon has been particularly pronounced in Albania, a desperately poor country that is struggling to uphold the rule of law after decades of Stalinist dictatorship.
Blood feuds all but disappeared here during the 40-year rule of Enver Hoxha, Albania’s Communist dictator, who outlawed the practice, sometimes burying alive those who disobeyed in the coffins of their victims. But legal experts in Albania say the feuds erupted again after the fall of Communism ushered in a new period of lawlessness.
Nearly a thousand men involved in feuds have escaped abroad, some of them applying for asylum. But even then, dozens of people have been hunted down outside Albania and killed by avenging families.

As a consequence, all males in families marked for killing stay indoors, meaning no productivity.