<紀要論文>
THE ETHICAL STRUCTURE OF THE KANUN: IS IT THE ORIGINAL FORM OF ETHICS IN HUMAN SOCIETY?

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概要 The Gheg tribes in the northern highlands of Albania have a customary code known as the Kanun. In a tribal society such as that of northern Albania, where the judicial system does not function well, a...n act of revenge prosecuted by the offended party is the ultimate sanction to punish an offender or an offending party, which is indispensable to restore and keep social order in human society. In northern Albania, an act of revenge against an offender who commits misdeeds which the Kanun regards as unethical is deemed to be an act of justice. How ethics and social order in a society without state power originate and develop is one of the enigmas which human beings have tried to solve for a long time. It is reasonably assumed that before a state power appeared in human society, human beings had lived in a society without state power. Thomas Hobbes first indicated that a social contract is the origin of social order in a society without state power. Rousseau, Nietzsche and Girard proposed theories on the origin of social order after Hobbes's social contract theory. However, all these theories seem to have failed to find out that a society without state power has its own ethics, which has spontaneously developed as a result of a pagan culture. The tribal society of northern Albania, where the Kanun exerts normative power in place of the state power has ethics and social order of its own making. In the present paper, I will clarify the ethical concepts of the Kanun and propose a new theory on the origin of ethics and social order in human society, using the ethical structure of the Kanun. The northern part of Albania consists of high mountainous terrain with deep gorges except for a narrow strip along the Adriatic coast. The people in this area, who speak the Gheg dialect, had retained tribal structures based on the family (shpi), brotherhood (vllazni) and the clan (jis) until the Albanian dictator, Enver Hoxha destroyed it after World War IL The northern highlands of Albania had been subject to the tribal customary code called the Kanun since the Middle Ages. The Kanun had been orally transmitted among the Albanian clans until the Franciscan father, Shtjefen Gje9ov eventually compiled the code, which was posthumously published in 1933 under the title of Kanuni i Leke Dukagjinit (Lopasic 1992: 89-105).続きを見る
目次 Ethical concepts of the Kanun
Ethical structure of the Kanun
Ethics and social order in northern Albania
Ethics and social order in a pagan society without state power
Hobbes's theory on the origin of social order
Critical analyses of the theories of Rousseau, Nietzsche and Girard

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登録日 2020.07.29
更新日 2020.10.26

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