Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.594044
Title: Toluid dynamics of Asia : flexibility, legality and identity within Toluid institutions
Author: Hodous, Florence
Awarding Body: SOAS, University of London
Current Institution: SOAS, University of London
Date of Award: 2013
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Abstract:
This thesis will show that the concept of Great Yasa is not supported by the contemporary sources and that alternative approaches are needed to investigate law in the Toluid empire. While the concept of Yasa tends to reinforce the perception of Mongol law as being rigid, in fact, considerable room for flexibility and negotiation was embedded within the Mongol legal tradition. This flexibility can be seen in the traditional Mongol institution of the quriltai, an institution which was important not only in terms of the election of khans and taking various decisions, but also in legal terms. The principle of collegiality which was at its foundation was central to Mongol legal culture and its effects can be discerned in the Ilkhanate and the Yuan dynasty. While there was little political will on the part of the Mongol rulers to impose any particular legal practices, including Mongol customs, on the conquered populations, the principle of collegiality had a significant impact on how they dealt with legal matters, and how they and their officials interacted with Persian and Chinese legal traditions. In the many legal cases decided by conference, where many different stakeholders were present, can be seen the enduring effects of the principle of collegiality. The flexibility of the Mongol approach to law is also seen in the differences in the influence of Mongol law in Persia and China. While in China the eagerness of officials and judges to have the Qa'ans produce legislation led to significant mutual influence and the integration of several characteristics of Mongol law into Chinese legislation and into practice even on the local level, in Persia the restrained attitude of the qadis led to Mongol influence being significantly less marked, and coming about through cultural influence or imitation. In conclusion, Mongol law as seen in the Toluid empire was characterized by significant flexibility, which cannot be attributed simply to the failure or abandonment of Mongol legal traditions, since this flexibility was itself an influential and genuine expression of the Mongol steppe legal tradition.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.594044  DOI: Not available
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