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.