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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 in post-colonial settings, specifically in Sub-Saharan Africa and parts of Asia. While customary law thrived under colonization, it merely survived socialism where it was often explicitly undermined. The second part of the article details the reasons why scholars and public officials have often suggested writing customary law down as a solution, and situates these arguments within the contemporary debate on legal pluralism. In the third section, a specific case of written customary law, the Albanian Kanun of Lekë Dukagjini, is analyzed with a focus on its modem usage in a post-socialist context. The paper concludes noting that ascertainment does not bring legal certainty to customary law in the ways that are anticipated. Writing down an oral tradition or a practice may produce a document for reference, but this does not limit its use nor necessarily increases the predictability of its application. The article also emphasizes the role of customary law in defining group identity in post-socialist settings. [ABSTRACT FROM AUTHOR]

Many sub-Saharan African countries are embarking on major changes in their property fights law with the goal of achieving more vigorous economic growth and alleviating poverty. Uganda has been at the forefront of these changes with constitutional change and a new land law. The Ugandan land law encapsulates recent efforts to formalize existing informal property fights. Implementation and enforcement of the 1998 Land Act are examined through paired case studies. There have been three major impediments to implementation: lack of capacity, corruption, and customary law. While the new land law has been necessary to change property fights, it has faced obstacles in its implementation that undermine secure property fights to land. [ABSTRACT FROM AUTHOR]