The peasant family farm was organized and defined according to the 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.fn8 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.fn9 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 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.fn10 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.’
