Historia e Shtetit dhe së Drejtës

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Ilirjana Kaceli, Prof. Asoc. Dr.

Code
LAW 102
Name
History of Albanian State and Law
Semester
Lecture hours
3.00
Seminar hours
0.00
Laborator hours
0.00
Credits
3.00
ECTS
5.00
Description

History of Albanian State and Law analyse the law of the Albanian state and competences of the institutions over the century. The primary objectives of this course is to provide a general and clear framework of the state and institutional development in different period of times and to provide a general understating of the Albanian law and customory norms through history. To have a broader context, the subject will address specifically Albania's position regarding institutional and legal organization during different periods.Through this course, students will be able to understand the importance of the gradual development of institutions and of law as a whole.

Objectives

Java
Tema
1
State and Law in the Slave-Owning Society in Illyria and Epirus This lecture will focus on 3 issues. The first issue will address the state and law in Illyria. The birth and historical development in the Illyrian state, social and state organization and Illyrian law will be discussed. In the second issue, the lecture will focus on the state and law in Epirus. Students will be introduced to pre-state social organization and the birth of the state in Epirus; state organization and law in Epirus. The third issue will address the Dardanian kingdom which will focus on the characteristics of the general state and legal development. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 11-50.
2
Political and legal institutions in Albanian land during the V-XII century This lecture will address political and legal institutions in Albanian lands during the V-XII centuries. The lecture will focus on: i) economic and social organization in Albanian lands during the century. V - XII; ii) Albanian lands in the early days of Byzantine rule; iii) political war in Albanian lands during the century. V-VII; the economic and social organization of the system of communities of lira (VII-VIII centuries).1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 51-61
3
Economic and social organization in the period of early feudalism (IX-XII centuries) This lecture will address the economic and social organization in the period of early feudalism (IX-XII centuries). After the introduction of economic and social organization, the lecture will focus on the Byzantine administrative system in Albanian lands and Byzantine law in Albanian lands in the century. IX-XII.1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 62-71
4
Albanian feudal principalities of the XII-XV century The XII century marked the first Albanian principality, the Principality of Arbër, but it is in the XIV centuryand in the early fifteenth century the period when this principality became stronger, especially because of the fall of the Serbian Empire. This lecture will address the Albanian feudal principalities of the XIIXV century. An importance will be given to the socio-economic and state organization in the feudal principalities Albanian. The lecture will also address the law in the Albanian feudal principalities.1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 72-105
5
Albanian cities in the Medieval times and their political organization. During the century. XIV cities of Albania reached the peak of their development that they recognized during the Middle Ages. At the top of them always stood Durrës, which had about 25 thousand inhabitants, and was one of the cities great of this century. This development came as a result of the growth of their economy, mainly e handicraft development. This lecture will address the organization and administration of Albanian cities in medieval and autonomous civic municipalities. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 106-128
6
Albanian independent state under Skanderbeg rule The victorious uprising of November 1443 and the Assembly of Albanian nobles held in March year 1444 in Lezha, brought radical changes in the administrative, political and military organization of liberated Albanian territories. The Assembly of Lezha realized the first broad political and military union of the country in the form of an alliance between the main representatives of the Albanian aristocracy. The body on the central high of this union became the Assembly of the Nobles. Permanent organs of the Covenant were its chairman, the army and the common ark, at the head of which was appointed a single man, Skanderbeg. This lecture will address: i) the creation of a concentrated Albanian state under the leadership of Skanderbeg; ii) political organization in the state of Skanderbeg; Skanderbeg state in international relations and law in the state of Skanderbeg. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 129-190
7
Ottoman Institutions During the course of this lecture, the main issues related to the establishment of the rule will be addressed Ottoman in Albanian lands, the features of the new political and economic system, as well as changes in life social, cultural and religious. The focus will also be on the efforts of Albanians for liberation from Ottoman rule, the liberation war led by Gjergj Kastrioti-Skënderbeu and its results, as well as the uprisings developed during the century. XVIXIX. Special attention will be paid to you is devoted to socio-political developments during the period in question, the dismantling of the timar system and the birth of landed property, the tendencies of the Albanian parish of the time for political emancipation, the role and the importance of pashas in Albanian political life, etc. Through the development of this course will it is intended that students gain solid knowledge about the basic aspects of a important segment of the Albanian history of the Ottoman period, as well as to be trained for it correctly analyzed and interpreted the events, phenomena and processes that take place in the period of given. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 191-210
8
Midterm Exam
9
Albanian Feudal organization (Pashallëqet) During the development of this lecture, the Albanian feudal pashas will be treated focusing on the pasha of Shkodra and the pasha of Ioannina. The Pasha of Shkodra (1757–1831) was one semi-independent pasha under the Ottoman Empire, born of the Albanian family of Bushatllinjëve. The original territory of the pasha was located around Shkodra and its surroundings, in today's territory of Northern Albania and southeastern Albania. Under the rule of Mahmud Pasha Bushatlli reached its peak and at this time part of the pasha was a large part of Albania, Kosovo, the western part of Macedonia and the southeastern part of Montenegro. Mehmet saw the Elder, the founder of the Paschal Shkodra. As a result of economic development, large feudal families began to gain power as well politically and secede from the Ottoman state. Whereas, the Paschal of Ioannina is closely related to the name of Ali Pasha of Tepelena. He was born in 1740 into a military feudal family. It was quickly spotted for his ability, energy and ingenuity. He put these in the service of his ambitious plans, by used all means: violence, cunning and family ties to other local feudal lords. In year 1784 Ali receives the rank of pasha and military commander near the vali of Rumelia. Yes this year provided the government of the Delvina sanjak, and later became commander of the gorges (Derven) and governor of the the sanjak of Trikala (Greece). With the support of the artisanal-commercial bourgeoisie of Ioannina, he gave up the sanjak of the same name (1787) The High Gate (Ottoman Empire) was occupied in war with Austria therefore recognized Ali as the rightful ruler. Special attention will be paid to the birth and the development of these two pashas; political organization and developed law 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 211-228
10
Albanian Costumory Law Albanian customary law includes the entirety of unwritten norms, transmitted to this day from generation to generation, which have regulated social relations in a number of provinces of Albania. It is a historical-social phenomenon that has operated for centuries mainly in the mountainous provinces of the country. Preserving customary law for a long time and facing the pressures of the law of the occupying states, are an expression of the resistance of the Albanian people to protect their being, language and culture. Albanian customary law reflected some of the basic features of the social psychology of our country, such as: honor, faith, manhood, hospitality, etc. This lecture will focus on i) the meaning of Albanian customary law; ii) its main sources and principles; iii) family relations; iv) property relations and liabilities; v) customary criminal law and vi) judicial process. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 229-287
11
Albanian League of Prizren An important role in shaping national consciousness is the Albanian connection of Prizren. The League of Prizren was a political organization of the parish of the four Albanian vilayets in the Ottoman Empire, officially established on June 10, 1878 in the Bajraklie mosque of Prizren, where until a year ago it was the center of the Vilayet of Kosovo. At the meeting of the parish on June 18, the positions held were listed in a decision letter called Kararnamé, which was signed by 47 representatives of the vilayet kazas, headed by the firms of Iljaz pasha Dibra and Abdullah pasha Dreni. Special attention will be paid to Kararnamé and the judicial organization in the time of the Albanian League of Prizren. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 288-303
12
Albanian Independent state during 1912 – 1914. In the years 1912-1914 Albanians for the first time started the process of creating a nation state. This process it turned out to be extremely difficult because the cultural and political preparation of the Albanian nation still did not exist reached the right level to face state formation and because external factors hindering and dissolvers turned out to be very powerful. The Provisional Government of Vlora that was formed after the proclamation of independence on 28 November 1912 made efforts and achieved some success in institution building national and at the beginning of the deosmanization process. But she was hit hard by the Powers' refusal Great to know as well as from confrontation with internal particularist opposition forces, where most the most prominent of them was the Elders of Central Albania headed by Esat Pasha Toptani. The lecture will address the circumstances that led to the declaration of independence and the formation of the government of Vlora. A special attention will be paid to the problems of the Albanian state in the policy of the great powers and International Control Commission. Also, the lecture will address the Albanian state under Vidin and the Organic Statute of Albania. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 304-328 13
13
The recovery of the Albanian national state and the efforts for its democratization over the years 1920-1924. The years 1920-1924 are of great importance for the recovery of the Albanian national state. During this period we have the first attempts at democratization. The lecture will address the Congress of Lushnja and decisions for the recovery of the Albanian national state. A special attention will be paid to it legal analysis of the “Statute of Lushnja” and the “Extended Statute of Lushnja”. Another event going on this period is the Revolution of June 1924 and the Government of F. S. Noli.1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 329-358
14
State and Law under the rule of Ahmet Zogu State and law during the regime of Ahmet Zogu With the overthrow of Noli's government, Ahmet Zogu came to power. January 25, 1925, Assembly Declared the Republic of Albania constitutional. Ten days later, Ahmet Zogu was elected chairman of republic, being at the same time the head of the executive power. During this time, Ahmet Zogu restored stability in the country, as well as enabled the signing of important agreements economic, political and military that strengthened the position of Albania. The lecture will address the organization state in the republic of 1925-1928 and in the period of the monarchy in 1928-1939. A special attention will be paid to the development of law in this period. 1. Luan Omari dhe Aleks Luarasi (eds), Historia e Shtetit dhe e së Drejtës në Shqipëri (botimi 4rt, University Press Luarasi 2005) 359-406. 2. Arsim Bajrami, Historia e Konstitucionalizmit Shqiptar 1912-2012 (Akademia e Shkences dhe Arteve e Kosovës 2014) 71-84.
15
Albania in the totalitarian socialist system and the transition to political pluralism This lecture will address the main features of law in the totalitarian socialist system. Kana Hoxha (October 16, 1908 - April 11, 1985) was the communist leader of Albania from 1944 until his death in 1985, as the First Secretary of the Albanian Labor Party. He was chairman of the Front Democratic Party of Albania and Commander-in-Chief of the Armed Forces from 1944 until his death. He served as Prime Minister of Albania, 1944-1954 and at different times has served as Minister of Foreign Affairs and Minister of Defense. The 40-year period of his rule, u characterized by the elimination of the opposition, the sentences of its political opponents to death or imprisonment long and evictions of their families from the houses where they lived and their internments in the villages of deep, where they were strictly controlled by the police and the State Security (secret police). Also, the communist dictatorship, was characterized by the Stalinist methods of annihilating its collaborators, which threatened his personal power. Special attention will be paid to the straight transition political pluralism focusing on i) the causes that led to the collapse of the totalitarian socialist system; ii) key actors in the transition period and iii) development of the legal system based on conventions international and European standards. 1. Arsim Bajrami, Historia e Konstitucionalizmit Shqiptar 1912-2012 (Akademia e Shkences dhe Arteve e Kosovës 2014) 85-148.
16
Final Exam
1
Studentët do të jenë të aftë të kuptojnë evolimin e institucioneve nga koha e lashtë në kohën moderne.
2
Studentët do të kenë njohuri të mirëfillta në zanafillën e krijimit të shtetit dhe së drejtës në Shqipëri
3
Studentët do të jenë në gjendje të kuptojnë dallimin mes formave të shtetit në periudha të ndryshme duke filluar nga antikiteti e deri në kohën moderner
4
Studentët do të jenë të aftë të kuptojnë ndryshimet në mënyrën e zhvillimit të institucioneve.
5
Studentët do të jenë të aftë të njohin më mire organizimin aktual shtetëror në Shqipëri duke qenë se do kenë informacione të detajuara për periudhat e mëparshme.
6
Studentët do të jenë të gatshëm për t’u bërë pjesë e diskutimeve të frytshme në fushën e kulturës së përgjithshme mbi historikun e institucioneve dhe së drejtës në Shqipëri.
Quantity Percentage Total percent
Midterms
1 30% 30%
Quizzes
0 0% 0%
Projects
1 10% 10%
Term projects
0 0% 0%
Laboratories
0 0% 0%
Class participation
1 10% 10%
Total term evaluation percent
50%
Final exam percent
50%
Total percent
100%
Quantity Duration (hours) Total (hours)
Course duration (including exam weeks)
16 3 48
Off class study hours
14 3 42
Duties
1 10 10
Midterms
1 10 10
Final exam
1 20 20
Other
0 0 0
Total workLoad
130
Total workload / 25 (hours)
5.20
ECTS
5.00