Condición femenina y estatus jurídico. La interpretación del Derecho según el jurisconsulto J. Escriche (España, siglo XIX).

This paper analyses the form and arguments used by J. Escriche (Spain, XIXth Century) to interpret the female condition in law and the legal status of women as presented in his Diccionario razonado de legislación y jurisprudencia (1847). The concept of "gender" as an analytical category facilitated the posing of research questions and analysis of the judiciary voices involving women. These, in most cases, implied an unequal relationship between sexes. Law -- as a social construction -reflected this relationship and institutionalized a judiciary dependence of women towards men. Spaces, functions and judiciary possibilities were delimited for women. The result was that the female condition derived in a different judiciary status with -- in general -- more restricted rights, especially for married women. According to Escriche, biological sex distinction had incidence in the differences in behavior and character -- women were weaker, frailer, inexpert and less intelligent, prudent or constant than men. Consequently, social patterns, habits and activities were established for each sex, as well as markedly different ideals of femaleness and maleness. [ABSTRACT FROM AUTHOR]