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Humanitarian sciences in Siberia

2016 year, number

TRADITIONS OF CONFLICT RESOLUTION IN THE BURYAT SOCIETY (BASED ON THE MATERIALS OF THE XVII-XIX CENTURIES)

A.A. Badmaev
Institute of Archaeology and Ethnography SB RAS, 17, Ak. Lavrentyeva str., Novosibirsk, 630090, Russia
Keywords: буряты, Байкальский регион, конфликт, агрессия, жертва, обычное право, традиционное мировоззрение, Buryats, Baikal region, conflict, aggression, victim, common law, traditional worldview

Abstract

Issues related to the study of methods of social conflicts resolution remain understudied in the Buryat ethnographical literature. The purpose of the present research is to reveal traditions of handling the conflicts among the Buryats in the XVIII-XIX centuries. There were various types of social collisions: some of them were intergroup and even interethnic conflicts, while others were intragroup (including family conflicts). The author considers the latter type of collisions. The research is based on the literary and archival sources of the XVIII-XIX centuries. In a traditional society there were two possible ways of reconciliation: extrajudicial (when the aggressor admitted depravity of his or her action, apologized to his or her victim and received forgiveness) and judicial (held by the Court of the non-Buryat chiefs). Aggressors and their victims belonged to the local groups interested in the prompt resolution of conflicts. The Buryat courts had the estate character and were totally controlled by the “indigenous chiefs”, therefore all levels of this judicial system were aimed at achieving reconciliation. Investigation, judgment and execution were held by the “indigenous chiefs”. Proceedings initiated by the victims were usually completed by the lowest-level courts. Along with substantive examination of cases and carrying out of sentences (prescribing fines or even corporal punishment for the aggressor) the courts were instrumental in maintaining the peace and stability within the local groups. This social institute was sanctified by the traditional worldview that supported the authority of the court’s and the indigenous chiefs among popular masses. At the same time, according to the traditional beliefs the superiority of the mythical court of “white” sky inhabitants and spirits over the ordinary courts was generally accepted. For this purpose people continued the practice of taking oath near the “shaman stones”.