The court of Biysas a social phenomenon of conflict resolutionin theculture of the nomadic Kazakh nation

Abstract

The article is devoted to the reflexive comprehension of the achievements of the nomadic Kazakh nation in overcoming various kinds of conflicts in life. The methodology of the activity approach, as an alternative to the modern traditional “naturalism”, allowed revealing a number of basic principles, due to which the ancestors managed to cope independently with the solution to all variety of arising problems of their life. It has been revealed that self-organization as a defining principle of the existence of all living things on the Earth, owing to the national memory, has received a kind of “objectification” in the form of sacral significant norms, which formed the basis of the customary law of the Kazakhs. The institute of mediation in nomadic civilization of Kazakhs was a product of social creativity of the nomads themselves. This was largely facilitated by such a social invention of nomads as the court of biys. On a professional basis and through the use of the norms of customary law, biys mediated among their relatives in resolving various kinds of conflict situations. With the help of human memory, there was a peculiar selection of those qualities which the biys themselves had to possess. It also helped to elaborate those procedural norms, which the biy had to be guided by in their professional activity, executing a fair trial. Knowledge and consideration of the specifics of the historical herThe article is devoted to the reflexive comprehension of the achievements of the nomadic Kazakh nation in overcoming various kinds of conflicts in life. The methodology of the activity approach, as an alternative to the modern traditional “naturalism”, allowed revealing a number of basic principles, due to which the ancestors managed to cope independently with the solution to all variety of arising problems of their life. It has been revealed that self-organization as a defining principle of the existence of all living things on the Earth, owing to the national memory, has received a kind of “objectification” in the form of sacral significant norms, which formed the basis of the customary law of the Kazakhs. The institute of mediation in nomadic civilization of Kazakhs was a product of social creativity of the nomads themselves. This was largely facilitated by such a social invention of nomads as the court of biys. On a professional basis and through the use of the norms of customary law, biys mediated among their relatives in resolving various kinds of conflict situations. With the help of human memory, there was a peculiar selection of those qualities which the biys themselves had to possess. It also helped to elaborate those procedural norms, which the biy had to be guided by in their professional activity, executing a fair trial. Knowledge and consideration of the specifics of the historical her