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Stéphane Voell (Ed.) Traditional Law in the Caucasus

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Stéphane Voell (Ed.) Traditional Law in the Caucasus Stéphane Voell (ed.) Traditional Law in the Caucasus Reihe Curupira Workshop, Band 20, herausgegeben von Curupira: Förderverein Kultur- und Sozialanthropologie in Marburg e.V. durch Ingo W. Schröder, Anja Bohnenberger und Mark Münzel The practice of traditional law in Georgia has been described mostly for the mountain regions. A Georgian-German research team investigated how former mountain dwellers who were relocated from Svaneti to southern Georgia rely on local legal conceptions in everyday life. Research showed that traditional law is still practiced, but only rarely used as a legal frame of reference. In the lowlands Svan traditional law should rather be described in terms of cultural narratives and a strategy of social localisation. In their individual papers the researchers discuss the practice of traditional law in Soviet times, blood feuding, concepts of honour and shame in gender rela- tions and the spatial dimension of cultural narratives. Traditional Law in the Caucasus Local Legal Practices in the Georgian Lowlands edited by Stéphane Voell CURUPIRA Curupira: Förderverein Kultur- und Sozialanthropologie in Marburg e.V. wurde 1993 gegründet. Seine Aufgabe besteht unter anderem in der He- rausgabe der ethnologischen Schriftenreihen ›Curupira‹ und ›Curupira Workshop‹. Auskünfte erhalten Sie unter folgender Adresse: Curupira: Förderverein Kultur- und Sozialanthropologie in Marburg e.V. c/o Institut für Vergleichende Kulturforschung – Fachgebiet Kultur- und Sozialanthropologie Deutschhausstraße 3, 35032 Marburg/Lahn Tel. 06421/282-2082, Fax: 06421/282-2140, E-Mail: [email protected] www.curupira.de Cover picture: Road near the village of Khaishi, Kvemo Kartli, in 2009 (photo: Voell). © 2016 Curupira ISBN 978-3-8185-0524-0 ISSN 1430-9750 Druck: Difo-Druck, Bamberg Alle Rechte vorbehalten Printed in Germany Contents Preface ................................................................................................................. 7 Stéphane Voell, Natia Jalabadze, Lavrenti Janiashvili, Elke Kamm Traditional Law as Social Practice and Cultural Narrative: Introduction ...................................................................................................... 11 Lavrenti Janiashvili Traditional Legal Practice in Soviet Times .................................................. 83 Natia Jalabadze The Blood Feud in the Georgian Lowlands .............................................. 125 Elke Kamm Restoring Order: Bride Kidnapping between Social Disintegration and Concepts of Honour and Shame ......................................................... 167 Stéphane Voell The Battle of Shashviani: Inscriptions into a Contested Space .............. 205 List of Illustrations......................................................................................... 245 Contributors ................................................................................................... 249 Preface This book should already have been published several years ago. Our research project ›The Revitalisation of Traditional Law in Georgia‹, fund- ed by the Volkswagen Foundation, ended in December 2011. The unpre- dictable paths of a researcher’s life, meandering between project applica- tions and their frequent rejections, employment changes and periods of unemployment have led to the recurrent postponing of the publication process. One of the requirements of the funding initiative ›Between Europe and the Orient – A Focus on Research and Higher Education in/on Central Asia and the Caucasus‹ of the Volkswagen Foundation was to develop the application and conduct research jointly with researchers from the target region. It was a matter of personal importance for me and the en- tire team to build a close and fruitful Georgian-German relationship from the first steps in the preparation of the project in 2004 up to the publica- tion of this book. The project has benefited from impressive local exper- tise on the Georgian side, while the Germans in the group contributed a more neutral and theory-driven perspective from the outside. We have not always shared the same opinion concerning the results of our joint ethnographic endeavour and the book reflects this variety of interpreta- tions. However, we continue to be a good team, which has met on a regu- lar basis since the end of the project and which looks forward to working together again on new topics if the opportunity arises. At this point I must not forget to mention our brilliant research assistants Tatia 7 Khutsishvili, Sandro Shanidze, Natalie Turabelidze, Nika Loladze, Natia Abashidze and Ekaterine Kordzaia. Mark Münzel, chair of the Anthropology Department in Marburg until 2008, was co-applicant and co-leader of the project. He has supported our project from its early stages of planning to the final application. Dur- ing the lifespan of the project, he was a very fruitful conversational part- ner and a constant advisor. Unfortunately, he was unable to join us in Georgia; we would have liked to show him our research field in the Cau- casus. Münzel’s successor in Marburg, Ernst Halbmayer, gave us and our project considerable leeway and has kindly supported this and other pro- jects in the Caucasus, far removed from the department’s regional focus on Latin America. We are deeply grateful to the Volkswagen-Foundation for generously funding our project in Georgia. We especially want to thank Wolfgang Levermann for his patience with the frequent changes in our budget. We were, for example, able to shift some project money in order to fund the trip of the entire team to the conference of the European Association of Social Anthropologists (EASA) in Maynooth, Ireland, in 2010. One thing, however, that the foundation did not agree to fund was the manufactur- ing of a Svan elder’s wooden chair. A Svan artist offered to carve such chair for the ethnographic collection of the department in Marburg. I believe that the book’s introduction will show that the elder’s chair is indeed an integral part of the topic we were researching. We received support from many people in Georgia at various stages of the project, starting from organisational issues in the field to participation in the workshops and the conference we organized. I would like to men- tion two individuals in particular here: in 2004 I met Lia Melikishvili of the Georgian National Academy of Sciences, the doyenne of Georgian ethnography, and her team in Tbilisi for the first time. Since then our study of traditional law has benefited immensely from her knowledge and experience. Another important figure in Georgian anthropology is Ketevan Khutsishvili of Tbilisi State University. She was especially help- ful to Elke and me in terms of friendship, advice, and organizational sup- 8 port and introduced us to some of her most promising students who became our research assistants. Most of the English language editing of the book was done by Ingo W. Schröder (Marburg). Some parts, like my chapter and half of the intro- duction, were also reviewed by Andreas Hemming (Halle/Saale). Two village names (Teliani, Shashviani) and personal names were anonymised in order to protect the anonymity of the inhabitants. The final words in this preface belong to the people in Kvemo Kartli, especially the Svans, who freely shared their knowledge with us. Svans are often belittled as somewhat strange mountaineers, but we experienced Svan people as open-hearted, friendly, and proud. We thank them with all our hearts for their cooperation. The book, however, expresses our indi- vidual interpretations of the information we gathered from them. Mis- takes, flaws and misinterpretations are of course ours: be lenient with us. Marburg, June 2016 Stéphane Voell 9 Stéphane Voell, Natia Jalabadze, Lavrenti Janiashvili and Elke Kamm Traditional Law as Social Practice and Cultural Narrative Introduction The head of the house sits on his massive wooden chair (fig. 1), like a king during a public audience. Calm, precise and somehow ceremonial, the elder answers questions on the contemporary relevance of Svan cul- ture. He describes eloquently how Svan religious celebrations, family structures or traditional law continue to be respected. The elder and his throne, however, are not located in the highlands of Svaneti in north- western Georgia. The elder lectures to the curious anthropologist in the south of the country, where the Svans have resettled in the last twenty- five years as a result of natural disasters, economic difficulties, and war. Each member in our research team experienced a situation like this: when meeting a Svan family in Kvemo Kartli1 for the first time, we usual- ly introduced ourselves as anthropologists conducting research on how Svan culture is preserved, here in the south of Georgia, many hours away from the Svan homeland in the mountains. We were then invited to the house and asked to have a seat in the guest room. Often, the head of the family chose not to sit at eye level; instead he took his place on this wooden throne. 1 The Georgian word kvemo means ›lower‹ (Kvemo Kartli is ›Lower‹ Kartli); zemo means ›upper‹ (Zemo Svaneti is ›Upper‹ Svaneti). 11 Fig. 1: Svan wooden chair (sakurtskhili) in the village of Khaishi. 12 In old Svaneti, elders used to sit on such special wooden chairs (sa- kurtskhili). These were massive pieces of folk art, square-cut and with a height of around one metre. The sides were covered with carved orna- ments that cited Christian and pre-Christian symbols. In the museum of Mestia, the regional centre of Zemo Svaneti in
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