Issue 1 - The Last Word of the Biy: Land Disputes in the 19th Century Middle Zhuz of the Kazakh Steppe

Abstract

The 19th century was a period of radical changes in Kazakhstan's traditional social and political culture, primarily related to the colonial policy of the Russian Empire. During this period Kazakhs experienced the destruction of popular institutions, which for centuries served as a support for the authorities and the people. This article examines how exactly these reforms caused the dissolution of institutions such as adat, set of unwritten legal customs passed down orally from generation to generation, and biys, popularly recognized clan leaders with judicial, administrative, and military authority. Using unpublished land dispute cases from the Central State Archive of the Republic of Kazakhstan and 19th century legal codes of the Russian Empire, the article reconstructs the gradual process of decline of these institutions. I argue that the legal and administrative reforms of 1822 and 1868 were the main contributors to the loss of legitimacy and power of biys. The findings complement the existing historical and legal literature, especially with the analysis of land disputes, as the most significant indicator of the decline of traditional institutions. The research also helps to better understand and re-evaluate the concepts of legitimacy, legal culture, and the sustainability of local institutions in the face of an encounter between the empire and the colony.