FREEDOM OF SPEECH IN NOMADIC KAZAKH SOCIETY AS A LEGAL INSTRUMENT FOR DISPUTE RESOLUTION

2026

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DOI 10.47649/vau.25.v79.i4.42
Data confidence 70 medium
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Abstract

This article examines the legal function of freedom of speech in nomadic Kazakh society, where oral discourse played a central role in dispute resolution and social regulation. In the absence of written legislation, customary law and oral traditions formed the foundation of the legal system. The spoken word functioned not only as a means of communication but also as a legally recognised regulatory tool. The institution of biys (traditional judges), known for their eloquence and moral authority, resolved conflicts through persuasion and justice rather than coercion. Public assemblies reflected democratic principles, with freedom of speech ensuring openness, equality of voices, and collective decision-making. The study also highlights the legal significance of the principle of sozge toqtau (yielding to the word), a customary mechanism for achieving reconciliation and mutual understanding. The boys were the primary enforcers of this practice, which promoted peace and social cohesion. By analysing historical sources and oral practices, the article concludes that freedom of speech in Kazakh society served both cultural and legal functions, contributing to the development of national legal consciousness and the preservation of intangible cultural heritage. The purpose of the article is to reveal the legal and regulatory functions of freedom of speech in traditional Kazakh society, to analyze the institute of biys as a mechanism for pre-trial dispute resolution through the art of eloquence, and to substantiate the legal significance of the "sozge toktau" (conceding to a just word) principle within the system of Kazakh customary law.