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.
Occasionally, it is true, the peasant judges allow their respect for old traditional conceptions in general and for the authority of parents in particular, to carry them a little too far. I was told lately of one affair which took place not long ago, within a hundred miles of Moscow, in which the judge decided that a respectable young peasant should be flogged because he refused to give his father the money he earned as groom in the service of a neighbouring proprietor, though it was notorious in the district that the father was a disreputable old drunkard who carried to the kabak (gin-shop) all the money he could obtain by fair means and foul. When I remarked to my informant, who was not an admirer of peasant institutions, that the incident reminded me of the respect for the patria potestas in old Roman times, he stared at me with a look of surprise and indignation, and exclaimed laconically, "Patria potestas? . . . Vodka!" He was evidently convinced that the disreputable father had got his respectable son flogged by "treating" the judges. In such cases flogging can no longer be used, for the Volost Courts, as we have seen, were recently deprived of the right to inflict corporal punishment.
These administrative and judicial abuses gradually reached the ears of the Government, and in 1889 it attempted to remove them by creating a body of Rural Supervisors (Zemskiye Natchalniki). Under their supervision and control some abuses may have been occasionally prevented or corrected, and some rascally Volost secretaries may have been punished or dismissed, but the peasant self-government as a whole has not been perceptibly improved.
Let us glance now at the opinions of those who hold that the material progress of the peasantry is prevented chiefly, not by the mere abuses of the Communal administration, but by the essential principles of the Communal institutions, and especially by the practice of periodically redistributing the Communal land. From the theoretical point of view this question is one of great interest, and it may acquire in the future an immense practical significance; but for the present it has not, in my opinion, the importance which is usually attributed to it. There can be no doubt that it is much more difficult to farm well on a large number of narrow strips of land, many of which are at a great distance from the farmyard, than on a compact piece of land which the farmer may divide and cultivate as he pleases; and there can be as little doubt that the husbandman is more likely to improve his land if his tenure is secure. All this and much more of the same kind must be accepted as indisputable truth, but it has little direct bearing on the practical question under consideration. We are not considering in the abstract whether it would be better that the peasant should be a farmer with abundant capital and all the modern scientific appliances, but simply the practical question, What are the obstructions which at present prevent the peasant from ameliorating his actual condition?
That the Commune prevents its members from adopting various systems of high farming is a supposition which scarcely requires serious consideration. The peasants do not yet think of any such radical innovations; and if they did, they have neither the knowledge nor the capital necessary to effect them. In many villages a few of the richer and more intelligent peasants have bought land outside of the Commune and cultivate it as they please, free from all Communal restraints; and I have always found that they cultivate this property precisely in the same way as their share of the Communal land. As to minor changes, we know by experience that the Mir opposes to them no serious obstacles.
The cultivation of beet for the production of sugar has greatly increased in the central and southwestern provinces, and flax is now largely produced in Communes in northern districts where it was formerly cultivated merely for domestic use. The Communal system is, in fact, extremely elastic, and may be modified as soon as the majority of the members consider modifications profitable. When the peasants begin to think of permanent improvements, such as drainage, irrigation, and the like, they will find the Communal institutions a help rather than an obstruction; for such improvements, if undertaken at all, must be undertaken on a larger scale, and the Mir is an already existing association. The only permanent improvements which can be for the present profitably undertaken consist in the reclaiming of waste land; and such improvements are already sometimes attempted. I know at least of one case in which a Commune in the province of Yaroslavl has reclaimed a considerable tract of waste land by means of hired labourers. Nor does the Mir prevent in this respect individual initiative. In many Communes of the northern provinces it is a received principle of customary law that if any member reclaims waste land he is allowed to retain possession of it for a number of years proportionate to the amount of labour expended.