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Aiming For Certainty: The Kanun, Blood Feuds And The Ascertainment Of Customary Law, Sandra F. Joireman

Political Science Faculty Publications

Customary law is an alternative legal framework to statute or public law. In the past the existence of customary law was viewed as problematic due to the uncertainty which accompanies legal pluralism. Increasingly, scholars are recognizing legal pluralism as simply a reality to be negotiated, rather than a problem. One frequently proposed solution to the difficulties posed by the existence of customary law is to write it down, or ascertain it, in order to provide for legal certainty. This article addresses this goal in three parts. The first part describes customary law and how it functions in its uncodified form …