When his Majesty's habitual optimism happened to be troubled by incidents of this sort he probably consoled himself with remembering that he had ordered some preparatory work, by which the administration of justice might be improved, and this work was being diligently carried out in the legislative section of his own chancery by Count Bludof, one of the ablest Russian lawyers of his time. Unfortunately the existing state of things was not thereby improved, because the preparatory work was not of the kind that was wanted. On the assumption that any evil which might exist could be removed by improving the laws, Count Bludof devoted his efforts almost entirely to codification. In reality what was required was to change radically the organisation of the courts and the procedure, and above all to let in on their proceedings the cleansing atmosphere of publicity. This the Emperor Nicholas could not understand, and if he had understood it he could not have brought himself to adopt the appropriate remedies, because radical reform and control of officials by public opinion were his two pet bugbears.
Very different was his son and successor, Alexander II., in the first years of his reign. In his accession manifesto a prominent place was given to his desire that justice and mercy should reign in the courts of law. Referring to these words in a later manifesto, he explained his wishes more fully as "the desire to establish in Russia expeditious, just, merciful, impartial courts of justice for all our subjects; to raise the judicial authority;
to give it the proper independence, and in general to implant in the people that respect for the law which ought to be the constant guide of all and every one from the highest to the lowest." These were not mere vain words. Peremptory orders had been given that the great work should be undertaken without delay, and when the Emancipation question was being discussed in the Provincial Committees, the Council of State examined the question of judicial reform "from the historical, the theoretical, and the practical point of view," and came to the conclusion that the existing organisation must be completely transformed.
The commission appointed to consider this important matter filed a lengthy indictment against the existing system, and pointed out no less than twenty-five radical defects. To remove these it proposed that the judicial organisation should be completely separated from all other branches of the Administration; that the most ample publicity, with trial by jury in criminal cases, should be introduced into the tribunals; that Justice of Peace Courts should be created for petty affairs; and that the procedure in the ordinary courts should be greatly simplified.
These fundamental principles were published by Imperial command on September 29th, 1862--a year and a half after the publication of the Emancipation Manifesto--and on November 20th, 1864, the new legislation founded on these principles received the Imperial sanction.
Like most institutions erected on a tabula rasa, the new system is at once ****** and symmetrical. As a whole, the architecture of the edifice is decidedly French, but here and there we may detect unmistakable symptoms of English influence. It is not, however, a servile copy of any older edifice; and it may be fairly said that, though every individual part has been fashioned according to a foreign model, the whole has a certain originality.
The lower part of the building in its original form was composed of two great sections, distinct from, and independent of, each other--
on the one hand the Justice of Peace Courts, and on the other the Regular Tribunals. Both sections contained an Ordinary Court and a Court of Appeal. The upper part of the building, covering equally both sections, was the Senate as Supreme Court of Revision (Cour de Cassation).
The distinctive character of the two independent sections may be detected at a glance. The function of the Justice of Peace Courts is to decide petty cases that involve no abstruse legal principles, and to settle, if possible by conciliation, those petty conflicts and disputes which arise naturally in the relations of everyday life; the function of the Regular Tribunals is to take cognisance of those graver affairs in which the fortune or honour of individuals or families is more or less implicated, or in which the public tranquillity is seriously endangered. The two kinds of courts were organised in accordance with these intended functions.
In the former the procedure is ****** and conciliatory, the jurisdiction is confined to cases of little importance, and the judges were at first chosen by popular election, generally from among the local inhabitants. In the latter there is more of "the pomp and majesty of the law." The procedure is more strict and formal, the jurisdiction is unlimited with regard to the importance of the cases, and the judges are trained jurists nominated by the Emperor.
The Justice of Peace Courts received jurisdiction over all obligations and civil injuries in which the sum at stake was not more than 500 roubles--about 50 pounds--and all criminal affairs in which the legal punishment did not exceed 300 roubles--about 30
