Legal nihilism in resolving family conflicts of nobles and peasants of Russian Empire in the first third of XIX century
The article highlights the ways of resolving family conflicts nobles and peasants in the first third of the XIX century in the Russian Empire, against the background of the ongoing systematization of legislation. Based on examination of the letters and memoirs of the nobles and peasants we highli...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Omsk State Technical University, Federal State Autonomous Educational Institution of Higher Education
2021-09-01
|
| Series: | Омский научный вестник: Серия "Общество. История. Современность" |
| Subjects: | |
| Online Access: | https://www.omgtu.ru/general_information/media_omgtu/journal_of_omsk_research_journal/files/arhiv/2021/%D0%A2.%206,%20%E2%84%96%203%20(%D0%9E%D0%98%D0%A1)/22-30%20%D0%92%D0%BE%D0%BB%D1%8C%D1%84%20%D0%A1.%20%D0%9F..pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | The article highlights the ways of resolving family conflicts nobles and peasants in
the first third of the XIX century in the Russian Empire, against the background of
the ongoing systematization of legislation. Based on examination of the letters and
memoirs of the nobles and peasants we highlighted the methods, which are actually
used to solve family conflicts. I conclude that nobles and peasants rarely used help
of the state in resolving family conflicts. The sphere of family relations was sacred
for these estates; therefore, they did not rope the authorities into family conflicts. I
have identified the following ways to resolve family conflicts: duel; marriage, often
in the form of a secret wedding; going to the monastery and punishing the unfaithful
wife; different approaches to raising children by peasants and nobles. The author
of the article pays attention to passivity of the peasants in resolving their family
conflicts. The results of the study allow exploring the alternative ways of resolving
family conflicts based on representatives of other classes of Russian society in the
first third of the 19th century (clergy, merchants, philistines, foreigners) as well,
using wider range of sources (journalism, normative acts, fiction, paperwork). This
analysis contributes to the discussion about the limits of the government intervention
into family affairs. The author of the article redlines that people did not trust the law
and resorted to the personally legitimate sources of dealing with family conflicts.
This conclusion presents a new perspective in the discussion of legal nihilism and
real application of the law in life |
|---|---|
| ISSN: | 2542-0488 2541-7983 |