Lithuanian Statutes of the Grand Duchy of Lithuania through the Prism of Gender Analysis

Abstract

The article examines legislation of the early modern period, namely Lithuanian Statutes of the Grand Duchy of Lithuania through the prism of gender analysis. The term “gender” is used not in the biological sense but as a system of interpersonal interactions, that is as a social construct which makes the basis for the stratification of society by gender. Gender is considered one of the three (along with race and class) most important elements which form synergetic systems of domination and subordination. Therefore, legislation of the 16th–17th centuries is considered in relation to equality of rights and possibilities for different sexes. Given the fact that the problem of relationships between a man and a woman lies in the plane of gender history, it should be studied by using gender history methods.The first (1529) and the second (1566) editions of the Lithuanian Statute are the subject matter of gender examination in this article. The third edition (1588) is not considered since Ukrainian lands became part of the Commonwealth as a result of the Union of Lublin (1569). Hence, the Statute of 1588 did not apply to those territories, whilst the Statute of 1566 continued to be in force there. The article analyses regulations of those parts of the Statute which formed foundations of social institutions and first of all that of the family and therefore directly affected gender relations.Having analysed legal regulations of the Lithuanian Statute, the author argues that legislation of the early modern period was based on gender norms and gender identities, ensured preferential attitude towards men and denied equal rights and opportunities for women. Thus, already at the legislative level regulations of the Lithuanian Statute laid conditions for gender asymmetry. That resulted in discrimination against women and dominance of men.