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.’
Here, in this moral subjectivity, was the root of the peasant’s instinctive anarchism. He lived outside the realm of the state’s laws — and that is where he chose to stay. Centuries of serfdom had bred within the peasant a profound mistrust of all authority outside his own village. What he wanted was volia, the ancient peasant concept of freedom and autonomy without restraints from the powers that be. ‘For hundreds of years’, wrote Gorky, ‘the Russian peasant has dreamt of a state with no right to influence the will of the individual and his freedom of action, a state without power over man.’ That peasant dream was kept alive by subversive tales of Stenka Razin and Emelian Pugachev, those peasant revolutionaries of the seventeenth and eighteenth centuries, whose mythical images continued as late as the 1900s to be seen by the peasants flying as ravens across the Volga announcing the advent of utopia. And there were equally fabulous tales of a ‘Kingdom of Opona’, somewhere on the edge of the flat earth, where the peasants lived happily, undisturbed by gentry or state. Groups of peasants even set out on expeditions in the far north in the hope of finding this arcadia.24
As the state attempted to extend its bureaucratic control into the countryside during the late nineteenth century, the peasants sought to defend their autonomy by developing ever more subtle forms of passive resistance to it. What they did, in effect, was to set up a dual structure of administration in the villages: a formal one, with its face to the state, which remained inactive and inefficient; and an informal one, with its face to the peasants, which was quite the opposite. The village elders and tax collectors elected to serve in the organs of state administration in the villages (obshchestva) and the volost townships (upravy) were, in the words of one frustrated official, ‘highly unreliable and unsatisfactory’, many of them having been deliberately chosen for their incompetence in order to sabotage government work. There were even cases where the peasants elected the village idiot as their elder.25 Meanwhile, the real centre of power remained in the mir, in the old village assembly dominated by the patriarchs. The power of the tsarist state never really penetrated the village, and this remained its fundamental weakness until 1917, when the power of the state was removed altogether and the village gained its volia.
The educated classes had always feared that a peasant volia would soon degenerate into anarchic licence and violent revenge against figures of authority. Belinsky wrote in 1837: ‘Our people understand freedom as volia, and volia for the people means to make mischief. The liberated Russian nation will not head for the parliament but will run for the tavern to drink liquor, smash glasses, and hang the nobility, whose only guilt is to shave their beards and wear a frock-coat instead of a peasant tunic.’26 The revolution would, in all too many ways, fulfil Belinsky’s prophecy.
ii The Quest to Banish the Past
As a young girl in the 1900s the writer Nina Berberova used to observe the peasants as they came to consult her grandfather in his study on the family estate near Tver. ‘They were of two kinds,’ she recalled, ‘and it seemed to me that they were two completely different breeds’:
Some muzhiks [peasants] were demure, well bred, important-looking, with greasy hair, fat paunches, and shiny faces. They were dressed in embroidered shirts and caftans of fine cloth. These were the ones who were later called kulaks. They … felled trees for new homes in the thick woods that only recently had been Grandfather’s. They walked in the church with collection trays and placed candles before the Saint-Mary-Appease-My-Grief icon. But what kind of grief could they have? The Peasants’ Credit Bank gave them credit. In their houses, which I sometimes visited, there were geraniums on the window sills and the smell of rich buns from the ovens. Their sons grew into energetic and ambitious men, began new lives for themselves, and created a new class in embryo for Russia.
The other muzhiks wore bast sandals, dressed in rags, bowed fawningly, never went further than the doors, and had faces that had lost all human expression … They were undersized, and often lay in ditches near the state-owned wine shop. Their children did not grow because they were underfed. Their consumptive wives seemed always to be in the final month of pregnancy, the infants were covered with weeping eczema, and in their homes, which I also visited, broken windows were stopped up with rags, and calves and hens were kept in the corners. There was a sour stench.27
The differences between rich and poor peasants had been widely debated since the 1870s, when the whole issue of rural poverty and its causes had first come to the shocked attention of the Russian public. To Marxists and many liberals it was axiomatic that the peasantry should be divided into two separate classes — the one of entrepreneurial farmers, the other of landless labourers — as capitalism took root in the Russian countryside. But the Populists, who dreamt of a united peasantry leading Russia directly towards socialism, denied this process was taking place at all. Each side produced a library of statistics to prove or disprove that capitalism was leading to the disintegration of the peasantry, and historians today still dispute their significance.
There were, it is true, growing inequalities between the richest and the poorest sections of the peasantry. At one extreme there was a small but growing class of wealthy peasant entrepreneurs; at the other an impoverished peasantry increasingly forced to abandon its farms and join the army of migrant wage-labourers in agriculture, mining, transport and industry. The young Lenin set out to prove in the 1890s that these two extremes were the result of capitalist development. But this is not necessarily true.