That the peasant self-government is very far from being in a satisfactory condition must be admitted by any impartial observer. The more laborious and well-to-do peasants, unless they wish to abuse their position directly or indirectly for their own advantage, try to escape election as office-bearers, and leave the administration in the hands of the less respectable members. Not unfrequently a Volost Elder trades with the money he collects as dues or taxes; and sometimes, when he becomes insolvent, the peasants have to pay their taxes and dues a second time. The Village Assemblies, too, have become worse than they were in the days of serfage. At that time the Heads of Households—who, it must be remembered, have alone a voice in the decisions—were few in number, laborious, and well-to-do, and they kept the lazy, unruly members under strict control. Now that the large families have been broken up and almost every adult peasant is Head of a Household, the Communal affairs are sometimes decided by a noisy majority; and certain Communal decisions may be obtained by "treating the Mir"—that is to say, by supplying a certain amount of vodka. Often I have heard old peasants speak of these things, and finish their recital by some such remark as this: "There is no order now; the people have been spoiled; it was better in the time of the masters."
These evils are very real, and I have no desire to extenuate them, but I believe they are by no means so great as is commonly supposed. If the lazy, worthless members of the Commune had really the direction of Communal affairs we should find that in the Northern Agricultural Zone, where it is necessary to manure the soil, the periodical redistributions of the Communal land would be very frequent; for in a new distribution the lazy peasant has a good chance of getting a well-manured lot in exchange for the lot which he has exhausted. In reality, so far as my observations extend, these general distributions of the land are not more frequent than they were before.
Of the various functions of the peasant self-government the judicial are perhaps the most frequently and the most severely criticised. And certainly not without reason, for the Volost Courts are too often accessible to the influence of alcohol, and in some districts the peasants say that he who becomes a judge takes a sin on his soul. I am not at all sure, however, that it would be well to abolish these courts altogether, as some people propose. In many respects they are better suited to peasant requirements than the ordinary tribunals. Their procedure is infinitely simpler, more expeditious, and incomparably less expensive, and they are guided by traditional custom and plain common-sense, whereas the ordinary tribunals have to judge according to the civil law, which is unknown to the peasantry and not always applicable to their affairs.
Few ordinary judges have a sufficiently intimate knowledge of the minute details of peasant life to be able to decide fairly the cases that are brought before the Volost Courts; and even if a Justice had sufficient knowledge he could not adopt the moral and juridical notions of the peasantry. These are often very different from those of the upper classes. In cases of matrimonial separation, for instance, the educated man naturally assumes that, if there is any question of aliment, it should be paid by the husband to the wife. The peasant, on the contrary, assumes as naturally that it should be paid by the wife to the husband—or rather to the Head of the Household—as a compensation for the loss of labour which her desertion involves. In like manner, according to traditional peasant-law, if an unmarried son is working away from home, his earnings do not belong to himself, but to the family, and in Volost Court they could be claimed by the Head of the Household.
