The evolution of the application of legal custom in the practice of the volost courts of Central Russia (1861-1917)
Authors:
1.
Federal State Budget Educational Institution of Higher Education «MIREA — Russian Technological University»
(Department of Public Law Disciplines, lecturer)
from 01.01.2021 until now
Mytyshi, Moscow, Russian Federation
from 01.01.2021 until now
Mytyshi, Moscow, Russian Federation
Type:
Article
Pages:
from 26
to 30
Status:
Subject area:
VAK Russia 5.1.1
UDC 34
UDC 34
Language:
Russian
Keywords:
volost court, legal custom, customary law, post-reform peasantry, legal proceedings, legal culture, peasant reform of 1861, zemstvo chief, rural justice
Abstract:
The article is devoted to the analysis of the evolution of the role of legal custom in the activities of the volost courts of Central Russia in the period from 1861 to 1917. Based on an interdisciplinary approach and analysis of archival materials, the unique status of the volost court as an institution formed by the peasant reform to resolve disputes based on local customs of «customary law» is considered. The paper traces the dynamics of changes in the organizational and legal foundations of volost justice from the «Regulations on Peasants emerging from serfdom» (1861) to the «Law on the Transformation of the Local Court» (1912). The author shows how, in the practice of judicial proceedings on family, inheritance, land disputes and obligations, there was a clash and interaction of the patriarchal tradition based on the concepts of «truth» and «justice», and new formal legal norms.
The article is devoted to the analysis of the evolution of the role of legal custom in the activities of the volost courts of Central Russia in the period from 1861 to 1917. Based on an interdisciplinary approach and analysis of archival materials, the unique status of the volost court as an institution formed by the peasant reform to resolve disputes based on local customs of «customary law» is considered. The paper traces the dynamics of changes in the organizational and legal foundations of volost justice from the «Regulations on Peasants emerging from serfdom» (1861) to the «Law on the Transformation of the Local Court» (1912). The author shows how, in the practice of judicial proceedings on family, inheritance, land disputes and obligations, there was a clash and interaction of the patriarchal tradition based on the concepts of «truth» and «justice», and new formal legal norms.
Keywords:
volost court, legal custom, customary law, post-reform peasantry, legal proceedings, legal culture, peasant reform of 1861, zemstvo chief, rural justice
volost court, legal custom, customary law, post-reform peasantry, legal proceedings, legal culture, peasant reform of 1861, zemstvo chief, rural justice
