The Soul as the Source and Origin of the Art of W. Kandinsky and Russian Peasant Law.

The Soul as the Source and Origin of the Art of W. Kandinsky and Russian Peasant Law.

After the emancipation of the peasants in Russia, the government gave them economic self-government, which made them, unexpectedly for many, politically mature, and an own court, where, to some extent, the judges who were elected by the peasants are authorized to resolve disputes and punish criminal offences as well. And it was here that the peasants came up with the humane principle, according to which to punish severely those who had committed wrongs of a more minor nature, and to punish lightly or not at all those who were guilty of offences of a more serious type. The peasants’ term for this is: “According to the individual person.” No rigid law was formed (such as in Roman law – especially JUS STRICTUM!), but rather an utterly flexible and democratically free form that is not determined by outward appearance, HOWEVER exclusively by the INNER MIND.
When it comes to imposing a penalty on the offender, then the district court frequently considers whether the culprit has become delinquent for the first time, or whether he has frequently come in conflict with the law, WHAT SORT OF PERSON HE IS AT ALL, and whether he has made or denied a confession.
Roman law that captivated me by the keen, conscious, highly refined construction, but could not, the Slav, ultimately satisfy me as a much too cold, overly rationalized, rigid logic; the history of Russian law and peasant law, which, as the opposite to Roman law, put me in great admiration as the liberation and fortunate solution to the fundamental law, and which won my profound love.

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