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Legal dynamics in a border area

Between customary law and state law

Nebi Bardhoshi

This article considers factors that have effected and influenced the continuity of the customary law named the Kanun of Lek Dukagjini in some areas of Albanian and Kosovo. It draws on ethnographic data on the border area villages between Albania and Kosovo to discuss the dynamics and tensions that are created between state and non-state law vis-à-vis justice in highly complex and problematic social, economic, and political contexts. Customary law and state law seem to be two conflicting legal ideologies. However, the article considers everyday settings where people make use of both legal systems in order to regulate matters especially related to property issues. The new legal realities create around property ownership imply new type of relations vis-à-vis family and kinship structures which oscillate between the two systems.

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Where Only Wind Was Once Sown

The Tradition of Republicanism and the Agrarian Question in Brazil

Heloisa Maria Murgel Starling

The article traces the reception of different strands of Republicanism in Brazil. French republicanism inspired authors such as Euclides da Cunha in his realization that a true Brazilian republic would only be achieved with the inclusion of its vast interior and its destitute population. But the reception of republicanism in Brazil also drew from Anglo-Saxon sources, which resulted also in an emphasis on the political nature of the community. American republicanism, with its conception of territorial expansion, land possession, and active economic participation added a further dimension to Brazilian republicanism. In particular, Teofilo Otoni's attempt to create a political community in the Mucury Valley was modeled after the ideals of American republicanism. Even if the Brazilian republicanism that emerged from the reception of these strands failed to impose its agenda over the political mainstream, it provided a unifying ideology for the opposition throughout the Second Empire and the First Republic, and still constitutes a source of inspiration for political reform and criticism.