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 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.fn6 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.fn7 The peasant revolution of 1917 made a clean sweep of these reforms, returning to the traditional legal principles of family ownership.
