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Modern Custom and Ancient Laws of Russia

by Maxime Kovalevsky

1891




Lecture III

The Past and Present of the Russian Village Community


    Few questions of history are debated in our days as that of
the origin of village communities。 French; English; and German
scholars; to say nothing of Russians and Americans; have
published whole volumes in order to prove either the existence or
non…existence of village communities in that period of evolution
which is generally known as patriarchal。
    The acute German observer; Baron Haxthausen; who was the
first to describe to European readers the social and economic
character of the Russian mir; was probably quite unconscious of
the literary movement to which he was to give rise by his two or
three sentences about the antiquity of the Russian agrarian
community; and its likeness to the social and economic
institutions of the Southern and Western Slavs。 A few years after
the publication of Baron Haxthausen's work; a Moscovite
professor; Mr Chicherin; in two articles which at once produced a
great sensation; strongly protested against the opinion that
Russian village communities were the direct descendants of those
undivided households which so commonly form part of the
historical past of most Aryan nations。 The Slavophils and their
leader Chomiakov maintained that they were the spontaneous growth
of Russia。 Chicherin believed they had a twofold origin  that
they were partly the creation of a Government anxious to secure
an easy method of collecting one of the taxes which was very like
the old French capitation tax; and partly due to the landed
aristocracy; which could find no better means than an equal and
periodical redistribution of the land; for attaching to the soil
those classes of the people who were reduced to the condition of
serfdom。 This extraordinary assertion immediately met with a
systematic denial on the part of Mr Beliaiev; the well…known
Professor of Legal History; who was one of the colleagues of Mr
Chicherin; and whose extensive researches in the legal history of
Russia gave his opinion great weight。 This did not; however;
prevent M。 Fustel de Coulanges from reproducing the theory just
as if it had not already been refuted。 But the inventors of
theories; of whom Fustel de Coulanges was certainly one of the
greatest; too often follow the method described in the well…known
French saying: 〃Je prends mon bien ou je le trouve。〃 Seeing that
a denial of the antiquity of the Russian village communities
supported his theory of the general prevalence of private
property even in the earliest times; he thought himself at
liberty to disregard all later investigations; and to endorse an
opinion which had already been refuted。
    The study of the origin and growth of Russian village
communities has never been discontinued in my country wince the
time when the work of Haxthausen first drew the attention of our
economists and historians to this peculiar institution。 A crowd
of young students have rendered familiar; even to the general
public; the notion that they were the spontaneous result of our
social development; that the Government; by interfering in their
internal constitution; has only succeeded in obscuring their
national character; that mutual responsibility in matters of
taxation was foreign to their original organisation; and that
there is ample foundation for the statement that their members;
from being; as they were at first; free possessors of the soil;
became the serfs of the Czar; the nobles; or the clergy。
    The extraordinary increase of historical research in Russia;
and especially of investigations into the social and economical
development of the country; which took place during the reign of
Alexander II; certainly contributed largely to induce German
scholars; with the illustrious Maurer at their head; to review
the current opinions concerning the social condition of the
Germans in the Middle Ages。 It led Maurer to elaborate his
magnificent theory of the Mark; Manor; and Village Constitution
(Mark; Hof und Dorf Verfassung)。
    Sir Henry Maine made the system of village communities
familiar to English students; and had; moreover; the great merit
of showing that; far from being a peculiar feature of the social
organisation of the Germans and Slavs; they were to be found
amongst the majority of Aryan nations; in the plains of the
Punjab and the interior of the North…West Provinces of india; and
among the green pastures of Erin。 The almost universal admiration
which his essay on Village Communities in the East and West has
elicited; rests on no other ground than that of its having first
brought to light the truth which is now all but established; that
village communities represent a distinct period in the social
development of mankind; a period which ought to be placed between
the patriarchal and the feudal periods; and that; therefore; all
endeavours to explain their existence among this or that people
by the peculiarities of national character ought to be henceforth
declared useless and worthless。
    This idea; confirmed; as it is; by a general survey of the
survivals left by the system of village communities among the
Celtic; German; and Latin nations; a survey with which M。 de
Laveleye has inseparably connected his name; has literally
revolutionised the historical researches of more than one country
of Europe; and especially those of my own。 The impression
produced by the two writers just mentioned is still so strong
that Russian scholars; instead of subscribing to the recent
ingenious hypothesis of Mr Seebohm as to the servile origin of
village communities in England; have themselves set to work to
examine the rich materials which the Bodleian Library and the
Record Office present as to the history of land…ownership in
England。 In saying this I have particularly in view the deep and
accurate studies of my former colleague Professor Vinogradov on
the agrarian constitution of medieval England; of which a few
years ago I gave a short account in the Law Quarterly Review。
Others have made similar inquiries into the economic history of
medieval Germany; and their studies have induced some French
authors; and among them M。 Dareste; warmly to oppose the original
but one…sided theory of Fustel de Coulanges。
    Before passing to the direct study of the development of the
Russian village community; I must recognise the fact that the
long and sometimes violent struggle of the early Slavophils on
behalf of the spontaneous origin of the mir; has been productive
of the best results to the study of agrarian communism in Russia。
    A comparison between the modern constitution of the mir and
that described in old charters proves the widely different
character of the two; while the differences between them support
the theory of a natural evolution of the community; an evolution
not yet completed in more than one part of the Empire。 The
difference which we trace between the past and the present of the
Russian commune are the same which we see existing between the
various modern forms of it in our own day。 The study; therefore;
of these forms and of their natural transformation may be of
great help towards understanding the true origin and growth of
the system。 The opportunity  I may even say the necessity  of
such a study is the more apparent on account of the lack of
mediaeval documents concerning the early constitution of the mir。
Our sources of information are limited indeed; for several
centuries; down to the end of the fifteenth; they are almost
entirely wanting; and they only begin to be at all abundant
during the last three hundred years。 It is only; therefore; by a
survey of the modern evolution of village ownership in some
remote parts of Russia that we can get an idea of the various
transformations which the commune has had to undergo before it
reached its present condition。
    The vastness of the area and the fact that certain parts of
Russia remained for centuries unpeopled; partly on account of
their physical condition; partly owing to their insecurity; due;
as it was; to the periodical invasions of the Tartars; explain;

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