The Leka Dukajini Code (LDC) influenced the way of life of Albanian population to a great extent. It represents a set of rules and norms by which they regulated their relations, and it is believed that they still do so presently as well to some extent. Taking into consideration that LDC includes almost all social, economic and moral spheres of life, this paper analyzes the fields which contribute to the familiarization with the conditions in which the Kosovo and Metohia population developed, such as the organization of the patriarchal family, marriage relations, the position of women, inheritance, and similar. The patriarchy with Albanians is still present today, especially in the villages, and here and there in towns, despite the escalated process of urbanization and industrialization. Manifestations of this patriarchal way of life are reflected through the maintenance of the institutions of family clans, whose characteristics are a large number of families, mutual property and production means, mutual production and consumption as well as communal living. A large number of authors believes that in the ethno-psyche of every Albanian there are still roots of will and sympathy towards clans. A clan is governed by its head, and his authority, although established on the interests of the group, presents limited individual freedom for the members of the family because it is expected from them to respect the will of the head of the family. Family clans in the eyes of others represents a secure way of life. Common law arose and developed under cruel life conditions, codified the way of life and in that way neglected individuality yet imposed the group, large families, solidarity and submissiveness to authority. The whole LDC is imbued with religious spirit, which is most obviously expressed with the institution of marriage. It also puts the woman in the worst position, who is not respected as a women, who has no right in decision making, and the more she neglected herself in interest of her husband, children and family, the more male children she gave birth to, the more she was respected in the family. Such discriminatory treatment of women is considered an integral part of the 'view' on life of Albanian society. In a life which brought little satisfaction to the woman, and much suffering, frustration, rejection and humiliation, the only meaning of life would represent giving birth and raising children. However, the following question is imposed: how much a woman, neglected, without influence outside the family, poorly educated and unprepared for life, is capable for the role of a mother. If she is the first tutor of the children, and in addition uneducated, how can education and progress be expected. It is also stated that the woman is regarded as the bearer, namely guardian of traditional values, although they are turned against herself. Women regard the innovations with great distrust and cautiousness and will accept it only if they are sure that they will not be responsible for endangering the continuity of the traditional way of life and interests of her relatives.
MARRIAGE AND THE NOTION OF CONSENT IN EARLY AMERICAN LAW
