Reflection of the main legal archetypes in Russian folk tales

Popova Yuliya Evgen'evna independent researcher 620041, Russia, Sverdlovsk region, Yekaterinburg, Tram lane, 2/2, sq. 72 yulya.kiss.popova@mail.ru Other publications by this author

The results of the study of Russian folk tales for the reflection of early legal ideas in them allow us to conclude that a fairy tale is a system of reflection and translation of cultural values, which, in turn, include the emerging and developing legal consciousness. To study the system of reflection and translation of cultural values associated with the "legal" element in Russian folk tales, it is necessary to address the phenomenon of the archetype, as well as formulate and substantiate the concept of the legal archetype.

The term "archetype" was introduced into wide scientific use by C.G. Jung. The legal literature has already raised the question of the nature and definition of the legal archetype. The nature of the legal archetype has been studied in the works of such Russian scientists as V.N. Guliyakhin, A.V.Krasnov, O.I. Miroshnichenko, A.V. Murunova, A.V. Skorobogatov, O.A. Stroeva, M.G.Tyurin and others. Currently, there is no clear definition of the legal archetype, which acts as a primary image, a structural element of the unconscious, an unknown force and similar phenomena. There is no comprehensive list of the main archetypes, and, consequently, there is no classification of them. In Russian science, several definitions of the phenomenon of the legal archetype are given, examples of legal archetypes are given, and some of their functions are indicated. However, a number of legal archetypes have no "legal" content. Based on these conclusions, it should be assumed that it is possible to define a legal archetype.

The legal archetype is an element of the collective unconscious, representing universal, typical, existing independently of the will of people, prototypes of ideas about justice (proportionality), norm and measure, misconduct and retribution, freedom, property, the essence of the contract and its force, authority and court. The legal archetype arises and exists independently of the will of people, is reflected in myths, religion and fairy tales and is expressed in the actions, statements of the characters and in the motives of their actions.

Noting the equivalence archetype, it can be concluded that it is a universal legal archetype that has manifested its diverse manifestation in Russian folk tales. This legal archetype is reflected in the ideas of personal or property retribution, in the ideas of reward for good deeds, in the ideas of a fair exchange of things, magical objects, symbols. Fairy-tale characters, forces of nature, and magical forces are involved in the manifestation of this archetype. All of them, to one degree or another, participate in the process of justice ^[9].

As a result of the analysis of fairy-tale texts, several legal archetypes have been identified, one of which is the archetype of order.

In Russian folk tales, the concepts of norm and measure are reflected mainly in two contexts: this is a description of the existing or proper order of things, or a deviation from it. The order and norm are expressed in a very diverse way. There are ideas about the state (official) order), about the social hierarchy, about the rules of marital and family relations, about the inviolability of contracts.

The immutable order of things manifests itself in fairy tales in a very diverse way and concerns all spheres of human life. In the previously mentioned tale "The Death of a Cockerel", receiving an object through the provision of another is perceived by the characters of the tale and the narrator as the norm. Despite the extraordinary circumstances that threaten the cockerel with death, no one departs from the established "time immemorial" order of equivalent exchange. This tale reflects the inviolability of the established rules and the indisputability of their authority. An interesting reflection of the universal order can be found in the fairy tale "The Rooster and the Hen" ^{[8, p. 49]}: "The wolf, the wolf! Why did you take the pig's little pig? "I was hungry, God told me to." A very illustrative example. Despite the fact that there is clearly a deviation from the norm in the behavior of the wolf — he took the piglet away — it turns out that this is justified, and moreover, sanctioned by the Divine will, that is, this is the norm, the established order. On the one hand, in animal tales we see "human faces", and these tales are, of course, about people, but in this tale there is a reference to the order of the natural world — as the highest universal order.

In the fairy tale "Morozko", the norm is that Morozko killed the old woman's daughter. This is described as a manifestation of the norm. One can only assume that this is behind it: either just a massacre of a negative character, or (which seems more likely) — payback for encroaching on sacred meanings. The lack of good speeches addressed to Morozko, the disregard for his sacred authority, the inability to discern this authority — all this is an encroachment on the world order, which includes the real human world and the magical, superhuman one. As a result, there is a cruel reckoning, which, again, is described as the perfect norm. Encroachment on sacred objects is a gross deviation from the norm. In the fairy tale "The Golden Foot" ^{[10, p. 87]}, a poor niece disturbed her aunt's grave, for which she paid with her life: "This is what it feels like to disturb the dead!".

The archetype of order is expressed in the inviolability of contracts, which will be discussed below. At the same time, fairy-tale characters can sometimes easily violate concluded agreements, but most often they are respected. Contracts made with magical powers have a special power. In the fairy tale "The Sea King and Vasilisa the Wise" ^{[8, p. 175]}, such an agreement is concluded between the king and the all-powerful sea king, and the subject is the king's son — he must be given to the sea king. The fulfillment of the harsh terms of the contract is perceived as the norm. And it cannot be violated, not only because contracts must be respected, but also because there is a magical superhuman force behind it.

The idea of norm and measure is expressed in the description of family rules. In the fairy tale "The Sun, the Moon and the Raven Voronovich" ^{[8, p. 61]}, the father marries (or sacrifices to magical powers) his daughters without their consent. In the fairy tale "The Firebird and Vasilisa the Princess" ^{[8, p. 137]}, the abduction of the princess by the main character is the norm. Abduction here becomes the basis for marriage. Or an example: "He (the king) asked her who she wanted to marry? The princess says: "To the one who stole me!" (the fairy tale "The Seven Simeons") ^{[8, p. 95]}. In some fairy tales, marriage is preceded by one of the forms of ordeal — the lot. In the fairy tale "The Frog Princess" ^{[8, p. 214]}, such a lot, perceived as an absolutely normal way to find a bride, became the beginning of the plot.

A large number of fairy tales reflect the traditional patriarchal way of the family, based on the unconditional authority of the father. A typical plot is the manifestation of a father's will towards his sons, expressed in numerous tasks: to find, get, bring a bride, riches, magical objects. In some fairy tales, the father's will lives on after his death. In the tale "About Ivanushka" ^{[10, p. 174]}, a dying father commands: "You children, stay at my grave for three nights." This was the beginning of the plot.

A completely unexpected manifestation of the norm in family relations can be seen in the beginning of the fairy tale "Pinky" ^{[10, p. 11]}, where the father took the children to the forest because he could not feed them: "And here's what I think, Pelageyushka, should I bring half of them (children) to the master, maybe whom He'll take it as a favor! But the master won't accept them, so just take them to the forest, and leave them there like kittens!". Such a "pragmatic" attitude towards younger and dependent family members reflects the ancient, cruel (in the opinion of a modern person) family rules that manifest themselves in the history of different nations. The researchers described this aspect of the Ache tribe's life: "Scientists have documented a case where a middle-aged man who fell ill and could not keep up with his tribesmen was simply left sitting under a tree.… When an old woman became a burden to her relatives, one of the younger men, getting up from behind, killed her with an axe blow to the back of the head... another time a man killed a little boy because "he was not in the mood, and the child was crying." Another child was buried alive because "he was kind of strange and the children laughed at him" ^{[14; cited in 12, pp. 69-70]}.

The archetype of order is most vividly reflected in the plots where deviation from the norm is described. In the fairy tale "The Confessor Fox" ^{[8, p. 24]}, a deviation from the established order is mentioned: "I want to guide you, Petenka, on the right path and teach you reason. You have fifty wives, Petya, and you've never been to confession." Spiritual life expressed in repentance is an absolute norm. In "The Tale of Yersha Yershovich, son of Shchetinnikov" ^{[8, p. 55]}, the capture of the lake by the Ruff and the violation of the established order in it is a deviation from the norm. In the tale "The Eagle and the Birds" ^{[8, p. 67]}, a clear deviation from the norm describes the plot in which the falcon encroaches on the royal title. Moreover, in this fairy tale, a clear hierarchy is established among the birds, reflecting the social structure of society. Such an encroachment is openly condemned.: "It's like you're flying high, falcon, beating up every bird on the fly, but why are you bragging, calling yourself by the royal name of Orlov? The king eagle will find out, you and the magpie will be in trouble."

A social order based on hierarchy is described in many fairy tales. In the fairy tale "The Unmeaning Princess" ^{[8, p. 227]}, an artistic assessment of the hierarchy of human society is given: "The luxurious live and celebrate, the unfortunate live and work; everyone has their share!" Similarly, in the tale "Woe" ^{[8, p. 232]}, the status of a poor relative brother is emphasized, and this brother does not try to change the inequality between him and his own older brother, perceives his position as fair and normal.

The fairy tale "The Greedy Old Woman" mentioned earlier ^{[10, p. 162]} reflects an encroachment on the established universal world order, namely, the desire of the heroes of the fairy tale to "become gods." This is described as a gross violation of the norm, followed by a cruel retribution — the loss of human appearance in the form of a magical transformation into bears.

A deviation from the norm in fairy tales is considered a simple violation of justice. In the fairy tale "The Man and the Snake" ^{[10, p. 139]}, the violation of justice lies in the fact that she was going to eat the man, despite the fact that he saved her. The man's bitter irony about this is characteristic: "Well, good is always paid for by evil," which reflects the social problems of reality. An example of a gross violation of the norm and the established procedure is the description of the murder of a sleepy man given in "The Tale of Ivan Tsarevich, the Firebird and the Gray Wolf" ^{[8, p. 125]}. Moreover, this tale gives an unambiguous assessment of this violation of the norm.: "You would have been good knights then if you had gone out into the open field with him and defeated a living one." The fair fight mentioned in the plots of many Russian folk tales is a manifestation of two legal archetypes. On the one hand, it reflects the archetype of equivalence, in the event that it is retribution for an offense, a crime. On the other hand, a duel (ordeal) is a manifestation of the archetype of order, because it acts as a generally recognized way of resolving disputes, and in a way sanctioned by higher powers, that is, reflecting the universal, superhuman order.

With regard to forced marriage, Russian folk tales are quite loyal and reflect the "normality" of this institution. However, it all depends on who is abducting the bride: if the hero is positive, it does not violate the established order, and if it is negative, it is described as a serious offense followed by retribution. Thus, the fairy tale "Nikita Kozhemyaka" ^{[8, p. 97]} reflects a forced marriage — the abduction of a princess by a snake, and this abduction is given a negative character, largely due to the fact that the snake is a negative hero, personifying the forces of evil. For this offense, he was killed by the main character of the tale in a fair fight. In addition, not only the abduction of the bride, but also the proposal of marriage to a married woman (the fairy tale "Go there — I don't know where, bring that — I don't know what" ^{[8, p. 59]}) is perceived as a gross violation of the norm: "where has it been seen, where has it been heard: to beat off a wife from a living husband! Whatever it is, even if it's a simple Sagittarius, he's a legitimate husband to me." It is noteworthy that the king himself violates this ancient sacred order. And he uses all available means of power to achieve his dishonest goal. However, above the royal power there is a magical force in the form of the heroes of the fairy tale — Sagittarius' wife and Shamath-the mind — an immaterialized subject. And this magical power helps the main character to defeat the king, thereby maintaining unshakeable norms and strengthening order. As in many other fairy tales, there is a manifestation of a compensatory function. Once again, a fairy tale helps a person to come to terms with reality, and even if only in an imaginary (but no less real) world, it establishes the inviolability of order, which must be followed by royalty, which is a vivid manifestation of the archetype of order.

A fairly vivid reflection of the archetype of order is the violation of norms and measures, expressed in the misdeeds of the heroes of fairy tales. Probably the most common offense in Russian folk tales is embezzlement. In animal tales, the main criminal turns out to be a fox, who, by virtue of his cunning nature, not only steals things, but also carries out theft by abusing trust, as, for example, described in the fairy tale "For a little hen, for a goose hen" ^{[8, p. 19]}. It is noteworthy that in the fairy tale "The Fox-sister and the Wolf" ^{[8, p. 18]}, the fox stole the fish from the cart by deception, but at the same time retribution did not overtake her, she remained the winner. In fairy tales, theft is often committed by representatives of supernatural forces. So in "The Tale of Ivan Tsarevich, the Firebird and the Gray Wolf," the firebird steals the golden apples. The fairy tale "Tricky Science" ^{[8, p. 197]} depicts a whole series of fraudulent transactions. In the fairy tale "The Treasure" ^{[8, p. 204]}, a priest acts as a fraud, who later paid with his appearance — he was turned into a devil. In the fairy tale "The Three Brothers" ^{[10, p. 148]}, a series of robberies occurs: first, the brothers steal money from the youngest, then the mistress of the house steals magic objects from him.

Some fairy tales involve damage or seizure of property. So in the textbook tale "The Fox, the Hare and the Rooster" ^{[8, p. 22]}, the fox captures a bast hut belonging to the hare. And in the fairy tale "The Magic Pipe" ^{[8, p. 34]}, damage to property is expressed in the form of trampling wheat (a typical offense found in many fairy tales) by a magical character, a Forester.

There are many examples of crimes committed against the person: kidnappings, murders, imprisonment, violations of personal integrity. The tale "The Cat, the Rooster and the Fox" ^{[8, p. 35]} reflects the abduction of a rooster by a fox. At the same time, as a self-defense, the cat takes the fox's children hostage. In the fairy tale "The Wolf and the Goat" ^{[8, p. 41]}, the wolf eats the baby goats. In the fairy tale "Tereshechka" ^{[8, p. 71]}, the main character is abducted by a representative of the forces of evil, a witch. In the fairy tale "Marya Morevna" ^{[8, p. 102]}, Koshchei kidnaps the main character and kills her savior. In the fairy tale "Finist's Feather is like a Falcon" ^{[8, p. 182]}, the evil sisters mutilated Finist. The tsarevich's secret visits to the queen in the fairy tale "The Wooden Eagle and the Prince the Thrower" can be considered a violation of the established order and an invasion of privacy ^{[10, p. 72]}.

A separate category of misconduct is the encroachment of heroes on the family way of life. This is the deception of a husband by his wife, as in the fairy tales "Animal milk", "Husband and wife", "About the Cossack", and adultery in the fairy tales "Wonderful shirt", "Crafty wife", "Wonderful miracle, wonderful miracle" and the king's proposal of marriage to the married heroine in the fairy tale "Go there — don't I know where, bring that, I don't know what" ^[2-6]. Moreover, these offenses are punishable by death or very severe physical punishment. Family feuds are reflected in the typical plot of the struggle between brothers, noted by C. G. Jung ^{[13, p. 66]}. So in the fairy tale "Three kingdoms — copper, silver and gold", the older brothers in the struggle for brides try to kill the younger brother. Also in The Tale of Ivan Tsarevich, the Firebird and the Grey Wolf, the main character was killed by his brothers. A typical plot of Russian folk tales is deception, theft, and abandonment in danger, which are committed by older brothers against younger ones.

And another very important series of offenses is encroachment on sacred objects and meanings. Such offenses include the desire of the heroes to become gods in the tale "The Greedy Old Woman" ^{[8, p. 53]}, the burning of frog skin in the tale "The Frog Princess" ^{[8, p. 214]}, the unauthorized entry of an old woman into a heavenly hut in the tale "Heavenly Hut", encroachment on the grave in the tale "Golden Foot" ^{[8, p. 218]}.

The misdeeds described in Russian folk tales vividly reflect the archetype of order. As a rule, they are all severely punished either by the main characters themselves, or by power, or by magic. Maintaining order is one of the general tasks of human society, which is solved in an uncompromising and often bloody struggle. Fairy tales, in turn, have reflected this struggle very vividly and artistically.

Perhaps the most interesting phenomenon in the analysis of archetypal images in fairy tales is the "competition" of legal archetypes. A very common element of the plot of a fairy tale is the commission of negative actions by the main positive character, which do not have a negative characteristic in the fairy tale itself.

For example, in the fairy tale "The Prophetic Dream" ^{[8, p. 189]}, the main character is Ivan, a merchant's son who steals an invisible hat, a magic carpet, and walking boots from three harmless old men. The fairy tale "Tricky Science" reflects the conclusion of fraudulent transactions by positive characters, while their actions are described as prowess, a manifestation of ingenuity. The deception of devils by the main character in the fairy tale "The Enchanted Princess" looks even more justified ^{[8, p. 217]}. For the sake of justice, it should be noted that this tale reflects not so much deception as the struggle of good forces against evil, where the methods of this struggle are indulged in advance. In the previously mentioned fairy tale "Gorshenya", the main character is, in fact, a cunning and cunning character who achieved a monopoly on the production of pots only because he guessed the royal riddle. At the same time, he shamelessly inflated the price of his pots, and when considering a dispute with a greedy master, the king raised his social status: "Well, brother, take everything off yourself and put it on your master, and you take off all your clothes and give it to him: he will now be a master in your place in the patrimony." and you will be his replacement."

Embezzlement committed by positive characters is a common plot of Russian folk tales. So in the tale "About Ivanushka," the main character commits both theft and robbery: "He took a golden tube from the tsar, and a shoe with a stocking from the tsar's daughter." In the tale "About the Merchant," a magical old man steals ("takes") a chicken from a rich merchant ("Once upon a time there was a rich merchant, he had a lot of money, not what he measured, but he rowed with a shovel"). Quite surprising and atypical assessments of theft are given in the household tale "The Thief" ^{[8, p. 61]}, where the ability to steal is assessed by the characters as prowess and becomes the subject of competition: "If so," says the master, "here is my order for you: steal a black bull from under my plow; if you steal, I will give you A hundred rubles, if you don't steal it, I'll give you a hundred lashes." And it seems that the theft in this tale is justified by caring for elderly parents, but in the beginning the main character himself did not want to learn to work and led a dependent lifestyle. But at the same time, he managed to show ingenuity and resourcefulness, and, in the end, he is a positive character, everything turned out in his favor, and stealing is just a piece of prowess. The main character of the fairy tale "The Thieving Peasant" distinguished himself with the same valor, who by non-standard methods commits a series of fraudulent thefts from the master. In the everyday fairy tale "The Soldier's Riddle" ^{[10, p. 14]}, soldiers kidnap a rooster by deceiving a greedy old woman. In the fairy tale "The Medicine Man" ^{[10, p. 98]}, "the poor and dirty peasant" commits a series of fraudulent actions, deceiving everyone and everything, however, retribution for this does not occur due to a favorable set of circumstances for him.

As you can see, the theft committed by positive characters is not only not condemned and is perceived as the norm, but sometimes it is also evaluated very positively. This suggests a kind of peculiar cultural attitude towards the institution of property and the institution of theft. A conclusion that speaks to the absence and underdevelopment of the value of property in Russian culture and social practice. However, it is impossible to agree with such a straightforward assessment, at least there is no direct correlation between these and similar tales and such features of Russian legal consciousness. In most fairy tales, theft is a negative phenomenon followed by retribution, and in the above—mentioned fairy tales, theft is, in its own way, compensation, social revenge for greed (as in the fairy tale "The Soldier's Riddle"), social injustice. And, moreover, theft is presented as one of the ways of fighting good against evil.

It is very rare, but there is a division of heroes into positive and negative ones based on nationality, respectively, and their actions are evaluated differently, depending on the positive or negative status. Russian Russian and the Jew ^{[10, p. 90]} is the norm in the apparently later fairy tale "The Russian and the Jew" ^{[10, p. 90]}, since the "Jew" is a negative character, and the Russian is a positive one.

A very interesting attitude to the established order is expressed in the household fairy tale "The Proof Wife" ^{[10, p. 50]}. According to the storyline, the man who found the treasure had to inform his master about his find, as this was the established norm, a manifestation of the social order. However, due to his cunning and prowess, he did not do this. He broke the rule by not informing the master about the discovery of the treasure, but his behavior is approved by the narrator. At the same time, the wife systematically reminded her husband of the need to report to the master, that is, she urged him to act according to the rules. Objectively, her behavior is positive and responsible, in modern terms, she has shown a high level of legal culture. However, the wife's annoyance outweighs her responsible behavior and forms her negative image: "A woman has long hair and a short mind!". Having deceived his wife and master, the main character settled down in the best possible way: "The master felt sorry for the peasant that he was so unhappy, divorced him from his wife, married another, young and good, and set him free. And the peasant immediately dug his treasure out of the ground and healed in the best manner." In this tale, two ideas about the norm collide. On the one hand, there is an unshakable order of relations between the master and the serf, which prescribes to report the discovery to the master. On the other hand, the prowess, cunning and wit of the main character normalize the deception of the master. What's it? The manifestation of another level of ideas about the norm and measure? Or is it again compensation for social injustice, when poverty and low social status are a certain indulgence? It's difficult to answer.

The commission of negative acts from a moral and legal point of view by positive fairy-tale characters is a very characteristic phenomenon. As you can see, these characters can steal, cheat, and commit violence, and not only against negative characters. Some heroes of fairy tales cannot even be called positive, they are cunning people who have deceived others, but who look like dashing, savvy characters. What does all this mean? I suppose there are several answers to this question.:

1. In many fairy tales, the negative actions of the characters are associated with the struggle against the forces of evil. If the hero of a fairy tale cheats, steals, leads to death, and lynches negative characters, then he is justified in advance — in war as in war. Here the triumph of good over evil is manifested, which is the highest justice and order.

2. Deception, theft, robbery, and similar acts are often directed against greedy, rich, powerful, and similar characters. In this case, the fairy tale performs the function of psychosocial compensation, creating an illusory world of higher justice and order. A fairy tale helps a person, at least for a while, to come to terms with reality.

3. In some cases, such negative but approved behavior of the main character indicates a manifestation of legal nihilism. In this case, the fairy tale builds an alternative, popular truth, which opposes itself to the official authorities and the official truth.

To some extent, O. I. Miroshnichenko noted the archetype of "two lives", which characterizes the unconscious attitude of the Russian person to exist within the framework of two "legal systems": unwritten national law and positive state law ^{[7, pp. 11-12]}.

The next legal archetype reflected in Russian folk tales is the archetype of property, which manifests itself in various plots. The most common of which is the plot of theft, which is found in the vast majority of fairy tales, and is often the beginning, the beginning of the entire fairy tale plot. In animal tales, encroachment on property generally acts as the basis of the plot. Numerous fairy tales about the fox describe various methods of theft: theft, robbery ("grabbed the cockerel"), fraud. In the fairy tale "The Fox, the Hare and the Rooster," the fox does not steal, but seizes property — a bast hut.": "The fox asked the bunny to keep warm, and the bunny was kicked out."

In fairy tales, the theme of encroachment on property is also presented quite often. "The Tale of Ivan Tsarevich, the Firebird and the Gray Wolf" describes a series of thefts. Firstly, the firebird steals the royal golden apples, and secondly, there is a series of deceptions and embezzlement on the part of the protagonist. Moreover, despite the positive character of Ivan Tsarevich, and, accordingly, the initial indulgence of his "illegal" actions, one of the kings assessed his theft in a negative way: "Is this an honest knight that you have done?". Sometimes magical or sacred objects become the object of theft, as in the fairy tales "The Golden Foot" and "The Three Brothers". In some cases, theft plays an auxiliary role, it is committed not for the purpose of profit, but in order to show skill, ingenuity and prowess, as seen in the fairy tale "About Ivanushka": "He took a golden tube from the tsar, and a shoe with a stocking from the tsar's daughter."

Embezzlement as a manifestation of behavioral stereotypes is interesting in itself, it reflects the level of legal culture, the state of legality, and emphasizes the status of the institution of property in the public consciousness. In Russian folk tales, the theme of theft occupies a very large place. And this, at first glance, may lead to the conclusion that the nascent national legal consciousness is developing a disdainful attitude towards property and tolerance towards crimes against it. However, you should not rush to such a conclusion. Yes, in those fairy tales where thefts are committed by a positive hero, they (thefts) are not punished or condemned. But in this case, fairy tales paint pictures of the struggle between good and evil, and there are no compromises in this struggle, which means everything is forgiven, and the end justifies the means. Perhaps there is no disregard for property in these plots. Obviously, other values are more important. It is also obvious that theft and other encroachments on property are described neutrally or positively, and are not punished in those fairy tales where "antisocial" characters turn out to be positive characters. This can be seen in the fairy tales "Gorshenya", "The Thief", "Thieves' science". Apparently, such tales reflect an alternative to the official, popular truth, a nihilistic attitude towards power and the established official order. However, such tales are rare, and their plots cannot be considered typical. In most fairy tales, whether they are magical, everyday tales, or animal tales, theft is condemned and severely punished. Encroachment on property is a gross violation of the norm. In 57.9% of the plots of fairy tales according to the Andreev–Aarne system ^[1], which reflect an encroachment on property, the attitude towards crimes against property is positive or neutral, in 42.1% it is negative. It can be concluded that property in Russian folk tales is reflected in almost half of the plots as a high value, receives its protection, and provides for retribution for encroachment on it. The archetype of property is fully reflected in fairy-tale plots involving encroachment on property.

This legal archetype has found another expression in Russian folk tales — it mentions numerous transactions. The number and variety of transactions indicates the development of exchange relations.

In animal tales, we find a textbook agreement on tops and roots ("The Man, the bear and the fox"). A very interesting series of suspensive obligations is described in the fairy tale "The Death of a Cockerel", where a chicken, in order to save her husband, is forced to run from one character to another, exchanging one property for another. A very striking example showing the inviolability of the institution of ownership and the high value of contractual relations. Property is sometimes mentioned in an inheritance agreement, especially in the plot of a dispute or struggle between brothers or other characters for it ("The Wonderful Shirt", "The Enchanted Princess"). This is described in the fairy tale "The Golden Foot": "they began to steal (relatives) from the niece's property after the aunt, they dragged, dragged, but they delayed everything." The fairy tale "Go there — I don't know where, bring that — I don't know what" describes a whole series of sales and barter agreements, which were sometimes fraudulent in nature. The fairy tale "The Feather of Finist — Yasna Sokol" reflects a series of purchase and sale agreements, with one feather item valued by the seller at a thousand rubles. Here, of course, such a price does not reflect the value of the property as such, but the magical nature of this item. In the same tale, magical objects are exchanged for the opportunity to spend the night with Finist: "Ah, the girl is red! Won't you sell me your fun?" - "I'll probably sell it!"—"What's the price?"—"Let me spend the night with your husband." In the fairy tale, a kind word, property is the subject of numerous purchase and sale agreements. Moreover, money is very clearly featured in this tale, and numerous loan agreements are concluded. In the fairy tale "The Magic Pipe", the purchase and sale agreement is conditioned by an action on the part of the princess: "Man, man! Sell one little pig!"—"Unsold," says the fool, —cherished!"—"Is the covenant great?"—"Let the tsar's daughter appear to me without a dress!".

Not all contracts relate to property, and there are employment contracts and service contracts in fairy tales. But at the same time, loan, purchase, and storage agreements described in Russian folk tales reflect the development of the institution of property, its perception as a social value, reflect the security of property, and illustrate the principle of the inviolability of the contract. In the total number of fairy-tale stories, 64.7% of them mention a variety of transactions.

Consider the reflection of the archetype of power. In many Russian folk tales (52.5% of the total number of plots), one cannot find any mention or even traces of power. The heroes of these fairy tales manage without it, while they can establish their own order themselves or by resorting to the power of magical forces. In fairy tales, this is well expressed in the lynching plot. For example, in animal tales we see how a rooster killed a fox with a scythe ("The Fox, the Hare and the Rooster"), a man killed a bear and set dogs on a fox ("The Man, the Bear and the Fox"), a thrush set dogs on a fox ("Animals in the Pit"), a cat killed a fox ("The cat, the rooster and the fox"), the wolf was killed by the hunter ("The wolf is a fool"), the man killed the snake ("The man and the snake"). In fairy tales, we see how the main character deals with negative characters in a fair fight ("Ivan Bykovich", "Nikita Kozhemyaka", "Marya Morevna") or simply kills representatives of the forces of evil ("Ivan Tsarevich and the White Polar Bear", "Arys Field"). In everyday fairy tales, the typical plot of lynching and reprisals is retribution to an unfaithful wife. The deceived husband shoots his wife ("Wonderful shirt"), kills the "lover" and the merchant's wife ("Wonderful, wonderful miracle"), "took her, tied her by the tail to his horse" ("About the Cossack"), kills his wife's boyfriend ("Crafty Wife"). In the tale "About the Merchant's Wife," the main character tried to drown his wife for alleged infidelity. However, in this tale we see a manifestation of power in the fact that the main character was imprisoned for such an attempt. This is a very clear proof that the early state authorities in all societies fought lynching. As can be seen, the archetype of power is not reflected in the above-mentioned fairy tales. Apparently, this is a reflection of the real weakness of the early state power and the spread of lynching in the Middle Ages.

In some (47.5% of the total number of plots) fairy tales, power is reflected. First of all, this was reflected in the description and assessment of the institution of tsarist power. Even in animal tales, you can find such a mention. Let's say that the tale "The Eagle and the Birds" shows a clear hierarchy of birds as a reflection of the social and state hierarchy. At the same time, the Eagle acts as the personification of royal power. In most fairy tales, the figure of the king or king is one of the central figures. Moreover, the tsar or the king can equally be positive ("Nikita Kozhemyaka") as well as negative ("Three Kingdoms") characters. It should be noted that the positive and negative images of kings are so evenly distributed among the tales that it is impossible to unequivocally judge the "opposition" or "loyalty" of the tales to the royal power. If the king is positive, then he is just, honest and wise; if negative, he is envious, deceitful and weak. That is, the figure of the king in fairy tales is not much different from other characters. Nevertheless, in both cases, the royal authority is indisputable as such. In other words, the institution of power itself is described as a transcendent force, and this is precisely the archetype of power itself. The expression of one of the heroes of the "Tale of Ivan Tsarevich, the Firebird and the Gray Wolf" about the value of royal power is noteworthy.: "Then there may be a riot or disagreement between our people, but there will be no one to calm it down." Or an example of everyday attitudes towards the royal power: "Who cares about royal mercy?" ("The Firebird and Vasilisa the Princess").

The archetype of power is reflected in a small number of references to social hierarchy. In the fairy tale "The Eagle and the Birds" mentioned above, the hierarchy of the "bird" society is described. In the tale "The Cat and the Fox," the fox introduces her husband, the cat, as a burmist, and she introduces herself as a "burmist's wife." The later fairy tale "The Trouble" reflects the official hierarchy.

Another reflection of the archetype of power is the mention of justice in fairy tales. The historical transition from lynching and God's judgment to justice is reflected in fairy tales. In "The Tale of Yersha Yershovich, son of Shchetinnikov," the trial is described in sufficient detail. There is a catfish — a righteous judge, a Sagittarius-a fighter, a crucian carp-an executioner. The evidence is listed: witnesses, Moscow fortresses, written documents. In the tale "The Man and the Snake", the main character alternately appeals to authoritative persons (the hare, the wolf and the fox) with a request to judge their dispute with the snake. Of course, there is no trial in this tale, but the very possibility and principle of the independence of justice are reflected. A characteristic description of the appearance of justice is contained in the fairy tale "The Truth and the Curve", where the judge and the clerk argue that it is better to live according to the curve. This tale reflects the bitter irony of the injustice and imperfection of life and the corruption of the early courts. In the end, the truth prevailed, and once again the fairy tale fulfills the function of psychosocial compensation, affirming the victory of good over evil. In the fairy tale "Knee-deep legs in gold, elbow-deep arms in silver", the trial is partly described: "The elders gathered, the elders gathered — there are no numbers! They judge, they make up, they guess, and they come up with: cut off the head of the princess. —No,— said the chief judge, "listen to me or not, but my speech is: gouge out her eyes, put her in a barrel with a child and let her go to sea; if she's guilty, she'll sink, if she's right, she'll swim out." The court in fairy tales is not only the prerogative of the royal or central government, but also the right of the community. The fairy tale "Tales of Witches" describes the punishment of a witch: "The world rewarded a Cossack with money, and this witch was awarded to drown." In general, the institution of judicial power is quite rare in the plots of Russian folk tales — only 2.8% of the total number of plots related to the mention of power in general.

Summing up the description of the reflection of the archetype of power in the plots of Russian folk tales, we note once again that it was expressed in the description of the institution of tsarist power, social hierarchy and court. What the fairy tales are similar in is that power figures in them as a given reality once and for all, part of the world order. And it is precisely in this that the influence of the archetype of power can be traced.

The next legal archetype is the personality archetype. Russian folk tales provide wonderful material that allows you to analyze the position of a person depending on the social status and the role that the hero plays in the plot of the tale. Of particular importance is the degree of human freedom. It should be noted that the name of this archetype is very conditional, even more conditional than the names of others, because the process of personal awareness, awareness of one's legal personality, goes far beyond the limits of jurisprudence. It should be emphasized that Russian folk tales are surprisingly individualistic: in the center of the plot there is always a hero with a wide range of individual qualities and a vivid description. And at first glance, the theme of conciliarity and collectivism is not reflected in fairy tales at all, the archetype of the "symphonic personality" is not traced, but on the contrary, the archetype of the "hero" is manifested ^{[11, pp. 22-25]}. Summing up, it should be noted that in this study the main legal archetypes are identified, which include: the archetype of equivalence, the archetype of order, the archetype of property, the archetype of power, the archetype of personality. To a certain extent, the identification of these archetypes is conditional, since these elements of the collective unconscious are not given to us as a direct empirical reality. We can talk about different degrees of generalization of these archetypes. Each of them can be "fragmented" into several other archetypes, each of them intersects and is interconnected with the others. Nevertheless, all the legal archetypes listed by us correspond to their main features: a) they are a structural element of the collective unconscious, that is, their existence does not depend on the mental processes of a single individual; b) they are not amenable to direct empirical observation, but manifest themselves indirectly, expressed in myths and fairy tales; c) they they are typical and repeatable; d) they are universal, manifested in plots that are very similar among peoples of different cultures.