The Buryat Tribal Aristocracy: Legal Status of Its Representatives in the 17th-19th-Century National Customary Law

Abstract

The article deals with peculiarities of legal status of the Buryat tribal aristocracy traced in the 17th-19th-century collections of national customary law. Compiling codes of ‘steppe laws’, the tribal aristocracy actively adapted customary law to their interests, thereby securing their privileged position in society. Compiling answers to inquiries of the Russian Government, the Buryat aristocrats modified traditional norms and customs with the aim of asserting their high legal position, and sought to vest themselves with broad powers. Goals. The article primarily aims to illustrate the interests and privileges of the tribal aristocracy according to 17th-19th-century norms of customary law. Materials. The paper analyzes customary law collections of the mentioned period. Results. The investigated documents show broad powers of the Buryat tribal aristocracy. The latter remained in charge of administrative, fiscal, judicial, family and marriage-related issues, also being authorized to resolve various contentious questions among the population. In addition, it is important to note that the Buryat tribal aristocracy were not limited in their law-making activities since they did not need to adapt themselves to new laws. As a result, accommodating themselves to the new political situation, the tribal aristocracy sought to both maintain their positions and influence in society, as well as to concentrate broad powers in their hands, which was manifested in adapting customary law to their interests.