THE FEMALE CRIME SPECIFIC IN TRADITIONAL OSSETIANS SOCIETY

Abstract

Purpose. The relevance of the article is predetermined by the demand for research of the legal culture of each nation, its transformations and impact on the modern ethnic appearance. The aim of the study is the gender aspect of the Ossetians criminal punishment system in the pre-reform period on the basis of the analysis of the legal status of women as a subject of crime. Methodology. The review of some approaches to understanding, analysis of the grounds for committing a crime. The main proposed methodological approach is interdisciplinary, which includes materials and methods developed in ethnology and history, with a wide involvement of source and literary material, which allows to reconstruct the intra-family legal culture, women position and status in the Ossetian family. The application of historicism principle is designed to provide an analysis of events and phenomena in the context of socio-economic, administrative, legal and cultural development of Ossetian society. Results. In the period under study, Ossetians were characterized by a patriarchal structure of society. It clearly distinguished the hierarchy, divided gender-role functions, of which the representation of the family interests at the level of society-men, and the sphere of active activity of women was limited to family concerns. This aspect has played a crucial role in the specificity of women’s crimes. Practical implications. The study of laws, which aimed to resolve a conflict situation in which a woman was a participant, led to the conclusion that customary law did not distinguish women as the subject of a crime committed outside the family-related collective. The conclusion is made about the incapacity of women and legal inequality in the traditional Ossetians society.

Keywords

• обычное право
• традиционное общество
• гендер
• брачно-семейные отношения
• преступление
• система наказаний