Vigilante Justice in the Peasants’ Legal Mode of Life

Abstract

The article analyses the nature of the Russian peasant community as a system forming element in the history of a home state and national law. Further, the article covers various aspects of the phenomenon of vigilante justice in the Russian customary law. Vigilante justice is defined as an integral part of the customary law and order which is not subject to formalization by positive law remedies. Vigilante justice was rendered by peasants with regard to various case categories. As a rule, these categories included theft (horse stealing, specifically), adultery, insult, contempt of the community and the Church, and land disputes. Neither did customary law and order imply any formalization of the system of punishment for judgable misdeeds. Punishment might vary from apology enforcement to putting to death. It also might acquire some curious forms, for example, spending a part of the offender’s property on drink by the entire community, public repentance, etc. In this context, punishment assumed a character of requital, but not of revenge. Responding revenge by the punished person was practically impossible in such circumstances as the offender was accused and convicted, however, the punishment was performed by efforts of the entire community. Punishment was implemented by all villagers including children. Children’s participating in the acts of vigilante justice was an important form of socialization.

 DOI 10.14258/izvasu(2016)3-04