FORMS OF LAND TENURE IN LAKS IN THE 19TH – EARLY 20TH CENTURIES
DOI:
https://doi.org/10.32653/CH1941082-1094Keywords:
Laks, Dagestan, easement, land ownership, land tenureAbstract
The article aims to analyze information on the forms of land tenure among the Laks in the 19th – early 20th centuries. The primary focus lies in examining the various forms of land ownership and determining their prevalence within the territory occupied by the Laks during the specified timeframe. The author directs attention to the prevalence of distinctive easements in Laks’ land tenure, emphasizing the insufficient coverage of the reasons for their persistence in the works of many researchers and presents her perspective on the sustainability of this particular type of land use. The theoretical and methodological framework of the study is rooted in the general principles of historicism and objectivism. Alongside the stated objective, the author employs specific historical methods, including logical, systemic, chronological, actualization, and periodization. In writing the article, the author also utilized her field ethnographic materials and relevant literature pertaining to the problem. Additionally, archival materials sourced from the Central State Archive of the Republic of Dagestan were incorporated, contributing novel insights to scientific discourse. The study concludes in the identification of a significant factor contributing to the retainment of easement in Laks’ land tenure: the absence of forced crop rotation, wherein the community actively regulated the exploitation of its plots, determining which lands to cultivate and which to leave fallow. The emergence of these easements can be traced to attempts aimed at legally addressing conflicting economic interests between various communities, as well as between communities and private owners. This occurred amidst escalating antagonism between communal and private property, intensified by land congestion, evolving economic specialization, and the waning influence of the community in matters of land tenure, economic activities, and social everyday life.
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References
Shikhsaidov AR. Dagestan in the X–XIV centuries. Makhachkala, 1975. (In Russ)
Gerber JG. Description of countries and peoples along the Western coast of the Caspian Sea. In: Kosven M.O., H.-M.O. Khashaev (eds.). History, geography and ethnography of Dagestan. Archival materials. Moscow, 1958. (In Russ)
Omarov A. Memoirs of a mutalim. Collection of information about the Caucasian mountaineers. Vol. I. Tiflis, 1868. (In Russ)
Omarov A. How Laks live. Collection of information about the Caucasian mountaineers. Vol. III. Tiflis, 1870. (In Russ)
Przhetslavsky PG. Dagestan, its morals and customs. Vestnik Evropy. 1867; 3: 141-163. (In Russ)
Dirr AM. Excursion around Dagestan. IV. Kumukh and Laks. Kavkaz. 1903, No. 281. (In Russ)
Gabiev S. Laks, their past and life. SMOMPK. Vol. 36. Tiflis, 1906. (In Russ)
Butaev D.B. On the origin of land use, known in the Kazikumukh district under the names “Bart-Urttu”, “Dukhra” and “Kva”. Dagestanskie oblastnie vedomosti. 1910, No. 1. (In Russ)
Magomedov RM. Socio-economic and political system of Dagestan in the 18th – early 19th centuries. Makhachkala, 1957. (In Russ)
Osmanov GG. On the social structure of Dagestan at the end of the 18th – beginning of the 19th centuries. UZ IYAL DF AS USSR. Vol. 7. Makhachkala 1959. (In Russ)
Osmanov GG. Socio-economic development of the Dagestan pre-collective farm village. Moscow, 1965. (In Russ)
Feudal relations in Dagestan (XIX – early XX centuries): Archival materials. Comp., preface and notes by Khashaev Kh-M.O. Moscow, 1969. (In Russ)
Bulatova AG. Laks. Historical and ethnographic publication. Makhachkala, 2000. (In Russ)
Osmanov MO. Natural types and systems of agriculture in Dagestan in the 19th – early 20th centuries. Makhachkala, 2006. (In Russ)
Aliev BG. Agriculture and land tenure in late feudal Dagestan. Makhachkala, 2014. (In Russ)
Khashaev H-MO. Social system of Dagestan in the 19th century. M., 1961. (In Russ)
Gidulyanov PV. The estate-land question and rayat dependence in Dagestan. Ethnograficheskoe obozrenie. 1901, No. 1. (In Russ)
Bulatova AG. Laks. Makhachkala, 1971.
Petrushevsky IN. Agriculture and agrarian relations in Iran of the 13th–14th centuries. Moscow; Leningrad, 1960. (In Russ)
Marx K. and Engels F. Works. 2nd ed. Vol. 21. (In Russ)
Inozemtseva EI. The institution of slavery in feudal Dagestan. Essays on history. Makhachkala, 2014. (In Russ)
Ramazanov KhKh. Land ownership and land tenure in Dagestan in the post-reform period. Questions of history and ethnography of Dagestan: Coll. scientific reports of DSU. Vol. IV. Makhachkala, 1974. (In Russ)
Nakhshunov IG. Economic consequences of the annexation of Dagestan to Russia. Makhachkala, 1956. (In Russ)
Review of the Dagestan region for 1902. Temir-Khan-Shura, 1903. (In Russ)
Ramazanova ZB. Easement law in the land use system of the Laks at the end of the 19th – beginning of the 20th century. III Conference of Young Scientists of the Dagestan Academy of Sciences of the USSR (Abstracts of reports). Makhachkala, 1980. (In Russ)
Essays on the history of Dagestan. Vol. 1. pp. 355–356. (In Russ)
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