Abstract
This paper investigates material legalism and its influence on shaping the Albanian communist state. It aims to shed light on the underlying complexities and constraints of material legalism in Albania by analyzing the legislation established during the proletariat dictatorship. This underscores the disparity between the communist ideology, which was claimed to be liberating and progressive, and the history of a legal system that extended control even into private matters. Consequently, challenges arose in the legal interpretation, implementation, and practical enforcement of normative laws in Albanian society. In conclusion, this study emphasizes the importance of recognizing both the formal and material realities when establishing an effective legal order to meet the needs of Albanian citizens.
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Notes
City in southern Albania.
Communist Party of Albania, 1944, “Permet Meeting: National Liberation Council Establishment.”
Ari Aranit Çela was one of the central figures of Albania jurisprudence, who served as General Prosecutor of State from the 1958 to 1966. Then, he served as the Head of the High Court of Albania and had many other roles. Due to the role he played in hundreds of trials, he was called the “Albanian Vyshinsky.”
He refers to the decades from the end of WWII to 1976.
References
Albanian State Archive. 1944. Personal Fund “Sejfulla Malëshova”. Box 3. Minutes were held on 26.10.1944 in Berat for forming the National Liberation Front.
Albanian State Archive. 1990. Fund 489. Box 17.
Canale, Damiano. 2009. The many faces of the codification of law in modern continental Europe. In A treatise of legal philosophy and general jurisprudence—vol. 9—a history of the philosophy of law in the civil law world 1600–1900, London: Springer.
Çela, Arianit. 1976. The new constitution—the constitution of the complete construction of socialist society in scientific conference on the problems of the constitution. Tirana: Publishing House “8 Nëntori”.
Hoxha, Enver. 1982. Titoists. Tirana: Institute of Marxist-Leninist Studies at the Central Committee of the ALP: Publishing House “8 Nëntori”.
Isai, Hekuran. 1983. People’s justice in people’s justice journal, July–September. Tirana: Publishing House “8 Nëntori”.
Kelsen, Hans. 2006. General theory of law and state. New Jersey: Transaction Publishers.
Legal Bureau in the Apparatus of the Council of Ministers. 1986a. General summary of legislation in force of the Socialist People’s Republic of Albania, Vol. 1. Tirana: Publication of the Legal Bureau in the Apparatus of the Council of Ministers.
Legal Bureau in the Apparatus of the Council of Ministers. 1986b. General summary of legislation in force of the Socialist People’s Republic of Albania, Vol. 2. Tirana: Publication of the Legal Bureau in the Apparatus of the Council of Ministers.
Lenin, Vladimir. 2020. The state and revolution. Paris: Foreign Languages Press.
Marx, Karl and Friedrich Engels. 2020. Manifesto of the communist party. Paris: Foreign Languages Press.
Pashukanis, Evgeny. 2002. The general theory of law and Marxism. New Brunswick: Transaction Publishers.
Shehu, Fiqret. 1976. The leading role of the albanian party of labor in the system of the dictatorship of the proletariat and the project of our new constitution. Tirana: Publishing House “8 Nëntori”.
Statute of the People’s Republic of Albania. 1946. Tirana: Printing House.
Vyshinsky, Andrey. 1948. The law of the Soviet state. New York: The Macmillan Company.
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The author of this article, Juljan Myftari, hereby declares that he has no conflicts of interest, financial or otherwise, that could potentially influence the objectivity, integrity, or interpretation of the research presented in this article. Juljan Myftari affirms that he has not received any financial support or personal benefits from any organizations or individuals that could be perceived as a conflict of interest in relation to the content of the article. Additionally, there are no patents, products in development, or marketed products associated with this research that would constitute a potential conflict of interest. The author has made every effort to ensure transparency and to disclose any potential conflicts of interest that may arise. Any inquiries regarding this conflict of interest statement should be directed to the corresponding author, Juljan Myftari, at julian.myftari@unitir.edu.al. By submitting this article for publication, the author confirms that he has complied with all relevant ethical guidelines and has provided accurate information concerning conflicts of interest.
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Myftari, J. Materialism and legal challenges in Albania’s proletariat dictatorship: a critical examination. Stud East Eur Thought (2024). https://doi.org/10.1007/s11212-023-09619-w
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DOI: https://doi.org/10.1007/s11212-023-09619-w