Many people explained the violence of the peasant world by the weakness of the legal order and the general lawlessness of the state. The Emancipation had liberated the serfs from the judicial tyranny of their landlords but it had not incorporated them in the world ruled by law, which included the rest of society. Excluded from the written law administered through the civil courts, the newly liberated peasants were kept in a sort of legal apartheid after 1861. The tsarist regime looked upon them as a cross between savages and children, and subjected them to magistrates appointed from the gentry. Their legal rights were confined to the peasant-class courts, which operated on the basis of local custom. The peasants were deprived of many civil rights taken for granted by the members of other social estates. Until 1906, they did not have the right to own their allotments. Legal restrictions severely limited their mobility. Peasants could not leave the village commune without paying off their share of the collective tax burden or of the redemption payments on the land gained from the nobles during the Emancipation. For a household to separate from the commune, a complex bureaucratic procedure was necessary, requiring the consent of at least two-thirds of the village assembly, and this was difficult to
obtain.* Even a peasant wanting to leave the village for a few weeks on migrant labour could not do so without first obtaining an internal passport from the commune's elders (who were usually opposed to such migration on the grounds that it weakened the patriarchal household and increased the tax burden on the rest of the village). Statistics show that the issuing of passports was heavily restricted, despite the demands of industrialization and commercial agriculture for such migrant labour.19 The peasants remained tied to the land and, although serfdom had been abolished, it enjoyed a vigorous afterlife in the regulation of the peasant. Deprived of the consciousness and the legal rights of citizenship, it is hardly surprising that the peasants respected neither the state's law nor its authority when its coercive power over them was removed in 1905 and again in 1917.
* * * It is mistaken to suppose, as so many historians do, that the Russian peasantry had no moral order or ideology at all to substitute for the tsarist state. Richard Pipes, for example, in his recent history of the revolution, portrays the peasants as primitive and ignorant people who could only play a destructive role in the revolution and who were therefore ripe for manipulation by the Bolsheviks. Yet, as we shall see, during 1917—18 the peasants proved themselves quite capable of restructuring the whole of rural society, from the system of land relations and local trade to education and justice, and in so doing they often revealed a remarkable political sophistication, which did not well up from a moral vacuum. The ideals of the peasant revolution had their roots in a long tradition of peasant dreaming and Utopian philosophy. Through peasant proverbs, myths, tales, songs and customary law, a distinctive ideology emerges which expressed itself in the peasants' actions throughout the revolutionary years from 1902 to 1921. That ideology had been shaped by centuries of opposition to the tsarist state. As Herzen put it, for hundreds of years the peasant's 'whole life has been one long, dumb, passive opposition to the existing order of things: he has endured oppression, he has groaned under it; but he has never accepted anything that goes on outside the life of the commune'.20 It was in this cultural confrontation, in the way that the peasant looked at the world outside his village, that the revolution had its roots.
Let us look more closely at this peasant world-view as expressed in customary law. Contrary to the view of some historians, peasant customary law
* Even in communes with hereditary tenure (mainly in the north-west and the Ukraine) it was hardly easier. There the household wishing to separate had either to pay off its share of the communal tax debt in full (a near-impossible task for the vast majority of the peasants) or find another household willing to take over the tax burden in return for its land allotment. Since the taxes usually exceeded the cost of rented land outside the commune, it was difficult to find a household willing to do this.
IMAGES OF AUTOCRACY
1 St Petersburg illuminated for the Romanov tercentenary in 1913. This electric display of state power was the biggest light show in tsarist history.
2 The imperial family rides from the Winter Palace to the Kazan Cathedral for the opening ceremony of the tercentenary.
3 Nicholas II rides in public view for the first time since the 1905 Revolution.
4 The famous Yeliseev store on Nevsky Prospekt is decorated for the tercentenary.
5 Guards officers greeting the imperial family at the Kazan Cathedral. Note the icons, the religious banners, and the crosses of the onlookers.
6 Townspeople and peasants come to see the Tsar in Kostroma during the tercentenary provincial tour.
7 The court ball of 1903 was a landmark in the cult of ancient Muscovy. Each guest dressed in the seventeenth-century costume of his twentieth-century rank. The Tsar and Tsarina are standing in the centre of the front row.
8 The Temple of Christ's Resurrection on the Catherine Canal - a hideous example of the last tsars' efforts to 'Muscovitize' St Petersburg.
9 Trubetskoi's bronze statue of Alexander III on Znamenskaia Square in St Petersburg. The workers called it 'the hippopotamus'.
10 The Moscow statue of Alexander III - with its back to the Cathedral of Christ the Saviour - at its opening ceremony in 1913.
11 The imperial family (right to left): Olga, Tatyana, Nicholas, Alexandra, Maria, Alexis and Anastasia.
12 Rasputin with his admirers. Anna Vyrubova, the closest friend of both Rasputin and the Empress, is standing fifth from left.
13 The Tsarevich Alexis with his playmate and protector, the sailor Derevenko. After the February Revolution Derevenko joined the Bolsheviks.
contained a fairly comprehensive set of moral concepts. True, these were not always applied uniformly. The peasant-class courts often functioned in a random manner, deciding cases on the basis of the litigants' reputations and connections, or on the basis of which side was prepared to bribe the elected judges with the most vodka. Yet, amidst all this chaos, there could be discerned some pragmatic concepts of justice, arising from the peasants' daily lives, which had crystallized into more-or-less universal legal norms, albeit with minor regional variations.
Three legal ideas, in particular, shaped the peasant revolutionary mind. The first was the concept of family ownership. The assets of the peasant household (the livestock, the tools, the crops, the buildings and their contents, but not the land beneath them) were regarded as the common property of the family.* Every member of the household was deemed to have an equal right to use these assets, including those not yet born. The patriarch of the household, the bol'shak, it is true, had an authoritarian influence over the running of the farm and the disposal of its assets. But customary law made it clear that he was expected to act with the consent of the other adult members of the family and that, on his death, he could not bequeath any part of the household property, which was to remain in the common ownership of the family under a new bol'shak (usually the eldest son). If the bol'shak mismanaged the family farm, or was too often drunk and violent, the commune could replace him under customary law with another household member. The only way the family property could be divided was through the partition of an extended household into smaller units, according to the methods set out by local customary law. In all regions of Russia this stipulated that the property was to be divided on an equal basis between all the adult males, with provision being made for the elderly and unmarried women.21 The principles of family ownership and egalitarian partition were deeply ingrained in Russian peasant culture. This helps to explain the failure of the Stolypin land reforms (1906—17), which, as part of their programme to create a stratum of well-to-do capitalist farmers, attempted to convert the family property of the peasant household into the private property of the bol'shak, thus enabling him to bequeath it to one or more of his sons.f The peasant revolution of 1917 made a clean sweep of these reforms, returning to the tradition
al legal principles of family ownership.
The peasant family farm was organized and defined according to the
* The one major exception was the peasant wife's dowry and other personal effects (e.g. clothing and domestic utensils), which were regarded as her private property and could be passed on to her daughter.
f Whereas the partitioning of household property was entirely controlled by local customary law, Stolypin's new laws of inheritance came under the Civil Code. Cases concerning peasant inheritance of land were thus heard in the civil (i.e. non-peasant) courts — the first major instance of the peasantry being integrated into the national legal system.
labour principle, the second major peasant legal concept. Membership of the household was defined by active participation in the life of the farm (or, as the peasants put it, 'eating from the common pot') rather than by blood or kinship ties. An outsider adopted by the family who lived and worked on the farm was usually viewed as a full member of the household with equal rights to those of the blood relatives, whereas a son of the family who left the village to earn his living elsewhere eventually ceased to be seen as a household member. This same attachment of rights to labour could be seen on the land as well.* The peasants believed in a sacred link between land and labour. The land belonged to no one but God, and could not be bought or sold. But every family had the right to support itself from the land on the basis of its own labour, and the commune was there to ensure its equal distribution between them.22 On this basis — that the land should be in the hands of those who tilled it — the squires did not hold their land rightfully and the hungry peasants were justified in their struggle to take it from them. A constant battle was fought between the written law of the state, framed to defend the property rights of the landowners, and the customary law of the peasants, used by them to defend their own transgressions of those property rights. Under customary law, for example, no one thought it wrong when a peasant stole wood from the landlord's forest, since the landlord had more wood than he could personally use and, as the proverb said, 'God grew the forest for everyone.' The state categorized as 'crimes' a whole range of activities which peasant custom did not: poaching and grazing livestock on the squire's land; gathering mushrooms and berries from his forest; picking fruit from his orchards; fishing in his ponds, and so on. Customary law was a tool which the peasants used to subvert a legal order that in their view maintained the unjust domination of the landowners and the biggest landowner of all: the state.f It is no coincidence that the revolutionary land legislation of 1917—18 based itself on the labour principles found in customary law.
The subjective approach to the law — judging the merits of a case according to the social and economic position of the parties concerned — was the third specific aspect of the peasantry's legal thinking which had an affinity with the revolution. It was echoed in the Bolshevik concept of 'revolutionary justice', the guiding principle of the People's Courts of 1917—18, according to
* For example, under customary law a peasant found guilty of tilling another man's land was always compensated for his labour, though the bulk of the harvest went to the land's rightful holder. The peasants, in the words of one observer, 'looked on the right to own the product of one's own labour on the land with an almost religious respect' and by custom this had to be balanced against the formal right of land tenure (Efimenko, Isshdovaniia, 2, 143).
t This was partly the reason why peasants had so few scruples about perjuring themselves in court and, indeed, why they tended to sympathize with convicted criminals. It was common for peasants to give away food to gangs of prisoners as they passed through the villages on their way to Siberia.
which a man's social class was taken as the decisive factor in determining his guilt or innocence. The peasants considered stealing from a rich man, especially by the poor, a much less serious offence than stealing from a man who could barely feed himself and his family.* In the peasants' view it was even justified, as we have seen, to kill someone guilty of a serious offence against the community. And to murder a stranger from outside the village was clearly not as bad as killing a fellow villager. Similarly, whereas deceiving a neighbour was seen by the peasants as obviously immoral, cheating on a landlord or a government official was not subject to any moral censure; such 'cunning' was just one of the many everyday forms of passive resistance used by peasants to subvert an unjust established order.23 Within the context of peasant society this subjective approach was not without its own logic, since the peasants viewed justice in terms of its direct practical effects on their own communities rather than in general or abstract terms. But it could often result in the sort of muddled thinking that made people call the peasants 'dark'. In The Criminal for example, Chekhov tells the true story of a peasant who was brought to court for stealing a bolt from the railway tracks to use as a weight on his fishing tackle. He fails to understand his guilt and in trying to justify himself repeatedly talks of 'we' (the peasants of his village): 'Bah! Look how many years we have been removing bolts, and God preserve us, and here you are talking about a crash, people killed. We do not remove all of them — we always leave some. We do not act without thinking. We do understand.'
Here, in this moral subjectivity, was the root of the peasant's instinctive anarchism. He lived outside the realm of the states laws — and that is where he chose to stay. Centuries of serfdom had bred within the peasant a profound mistrust of all authority outside his own village. What he wanted was volia, the ancient peasant concept of freedom and autonomy without restraints from the powers that be. 'For hundreds of years', wrote Gorky, 'the Russian peasant has dreamt of a state with no right to influence the will of the individual and his freedom of action, a state without power over man.' That peasant dream was kept alive by subversive tales of Stenka Razin and Emelian Pugachev, those peasant revolutionaries of the seventeenth and eighteenth centuries, whose mythical images continued as late as the 1900s to be seen by the peasants flying as ravens across the Volga announcing the advent of Utopia. And there were equally fabulous tales of a 'Kingdom of Opona', somewhere on the edge of the flat earth, where the peasants lived happily, undisturbed by gentry or state. Groups of peasants even set out on expeditions in the far north in the hope of finding this arcadia.24
* This was connected with the religious belief of the peasants that to be poor was to be virtuous.
As the state attempted to extend its bureaucratic control into the countryside during the late nineteenth century, the peasants sought to defend their autonomy by developing ever more subtle forms of passive resistance to it. What they did, in effect, was to set up a dual structure of administration in the villages: a formal one, with its face to the state, which remained inactive and inefficient; and an informal one, with its face to the peasants, which was quite the opposite. The village elders and tax collectors elected to serve in the organs of state administration in the villages (obshchestva) and the volost townships (upravy) were, in the words of one frustrated official, 'highly unreliable and unsatisfactory', many of them having been deliberately chosen for their incompetence in order to sabotage government work. There were even cases where the peasants elected the village idiot as their elder.25 Meanwhile, the real centre of power remained in the mir, in the old village assembly dominated by the patriarchs. The power of the tsarist state never really penetrated the village, and this remained its fundamental weakness until 1917, when the power of the state was removed altogether and the village gained its volia.
The educated classes had always feared that a peasant volia would soon degenerate into anarchic licence and violent revenge against figures of authority. Belinsky wrote in 1837: 'Our people understand freedom as volia, and volia for the people means to make mischief. The liberated Russian nation will not head for the parliament but will run for the tavern to drink liquor, smash glasses, and hang the nobility, whose only guilt is to shave their beards and wear a frock-coat instead of a peasant tunic.'26 The revolution would, in all too many ways, fu
lfil Belinsky's prophecy.
ii The Quest to Banish the Past
As a young girl in the 1900s the writer Nina Berberova used to observe the peasants as they came to consult her grandfather in his study on the family estate near Tver. 'They were of two kinds,' she recalled, 'and it seemed to me that they were two completely different breeds':
Some muzhiks [peasants] were demure, well bred, important-looking, with greasy hair, fat paunches, and shiny faces. They were dressed in embroidered shirts and caftans of fine cloth. These were the ones who were later called kulaks. They . . . felled trees for new homes in the thick woods that only recently had been Grandfather's. They walked in the church with collection trays and placed candles before the Saint-Mary-Appease-My-Grief icon. But what kind of grief could they have? The Peasants' Credit Bank gave them credit. In their houses, which I sometimes visited, there were
geraniums on the window sills and the smell of rich buns from the ovens. Their sons grew into energetic and ambitious men, began new lives for themselves, and created a new class in embryo for Russia.
A People's Tragedy: The Russian Revolution, 1891-1924 Page 17