Research objective of the article is clarifying of the nature of the Greta Yasa of Chinggis Khan: was it legal code or set of specific edicts, regulations and principles? Research materials include Arabian and Persian historical sources which already were used by another researchers of the Great Yasa (D. Ayalon, D.O. Morgan), as well as new sources on the history of the Mongol Empire, the Golden Horde, Yuan Empire, Chaghataid state recently introduced into scholarly circulation. Research results of the article consist in getting of arguments that the Great Yasa, in fact, was a set of specific principles and rules established by Chinggis Khan, and their observance provided a harmony in the Mongol Empire and the states of Chinggisids, i.e. the Great Yasa was a kind of “law and order” but not a legal code. Research novelty of the article is represented by analysis of the level of the legal development of the Mongols of the 13th–14th cc. when they didn’t need a special codification to regulate their legal relations, that’s why no one authentic source mentioned the Great Yasa as code of laws and it is characterized in this way only by representatives of the “written legal culture” (European, Caucasus, Arabian, etc.).
Research objectives: Analyzing characteristics of the legal status of Prince Godan, son of Ögedei Khan, who was often mentioned in different imperial, Tibetan, and late medieval Mongolian sources; clarifying the reasons why he was given the title of khan in some sources, though he never possessed this title. The author attempts to define the status, level of power, and real position of Godan among the Chinggisids and in the political structure of the Mongol Empire. Research materials: The basis for research comprises three groups of historical sources – Mongolian imperial historiography (works of Juwayni and Rashid al-Din, “Yuan shih”, etc.), Tibetan historical works (“The Blue Annals”, “Pagsam-jonsan”, “Debterchjamtso”), and late medieval Mongolian chronicles created under the influence of Tibetan Buddhist historiography (“Golden Tale”, “Crystal Mirror”, “Yellow History”, “White History”, “Jewel beads”, etc.). The author also used the works of specialists on Mongolian and Tibetan historiography (such as Sh. Bira, R.E. Pubaev, Yu.N. Rerikh, A.D. Tsendina) as well as the works of researchers of political and religious history of the Mongol Empire (such as V.L. Uspenskiy, H. Franke, C.P. Atwood, etc.). The novelty of the study: It offers a systematization of historical sources of different origins to clarify some aspects of the political biography of Prince Godan, identifying his legal status as a Chinggisid and the ruler of an ulus. At the same time, the author tries to not refute sources with contradicting statements but to clarify the reasons behind such contradictions and to find information which could clarify and complement the data of other sources. Research results: The author tries to systematize different sources on the status of Prince Godan as one of the key political figures in the history of the Mongol Empire from the 1240s to the beginning of the 1250s and the ruler of a large ulus with substantial level of power, which could be compared with that of rulers of the Golden Horde, the Chaghadaid Ulus, etc. Also, the reasons behind the brief existence of Godan’s ulus and loss of his status already by the time of his direct descendants are analyzed.
The paper deals with the Turkic-Mongol taxation institute of tamgha widely used in the Mongol Empire since the first half of the 13th century. Author characterizes the etymology of this term, its meanings, legal regulation of levy and rates, evolution of the tax in different states – successors of the Mongol Empire (the Golden Horde, Ilkhanate, etc.) as well as in these states even after fall of Chinggisid dynasties (such as Iran under Safavids, Central Asia under Timurids). As the author supposes, the long-term use of tamgha allows us to talk about the vitality and effectiveness of Chinggisid legal tradition, which survived after the end of “Chinggisid age”. Even the rulers and dynasties, which positioned themselves as rivals of Chinggisids, used tamgha in their taxation system. This tax was also borrowed by the Russians and was used for a long time becoming a base for custom system in Russia. Other subjects of the research are the struggle of Islamic theologians and jurists against tamgha in different countries of Inner Asia and reasons for this struggle. The author attempts to clarify reasons of this struggle, strict position of clergy against tamgha and measures of rulers who did not want to be in trouble with clergy, but at the same time tried to save tamgha as effective and profitable tax.
Research objectives: An analysis of the evolution of the land-law institution of soyurghal which was applied during the 15th–19th centuries in the Chinggisid and non-Chinggisid states that arose after the disintegration of the Mongol Empire and its uluses. This work is an attempt to clarify the reasons behind the preservation of this imperial legal institution during the post-imperial period, along with the points of commonality and differences which emerged during its evolution in the different states and regions of Asia. Research materials: This research is based on wide range of historical and legal sources with information on soyurghal and its evolution. There are yarliks (or firmans) of monarchs (patents and letters), historical chronicles, along with treatises on the political and administrative structure of post-imperial states. The author analyses the documents of the Kazan, Crimean, Bukharan, and Khivan khanates, as well as Kashgharia, the states of Aq- Koyunlu and Qara-Kouynlu, Savafid Iran, and Mogul India. This research is also based on results of scholars who have already discussed soyurghal of the imperial and post-imperial period: M. Abduraimov, K.A. Antonova, A.M. Belenitskiy, P.P. Ivanov, A.K.S. Lambton, V.F. Minorskiy, Sh.F. Mukhamed’yarov, I.P. Petrushevskiy, M.A. Usmanov, etc. The novelty of the study: The presented article is the first attempt to compare the evolution of institution of soyurghal based on a wide range of sources from different states and epochs to clarify basic trends of this evolution and find the reasons for using different categories of soyurghal in different states to a greater or lesser extent. Research results: The author finds that during the 15th–19th centuries the institution of soyurghal had three meanings: land investiture for vassals (state and military officers), land investiture for state officers and clergy, and lastly a grant from the monarch to his subject in general. These different kinds of soyurghal were used in all states which were analyzed in the article. The conclusion is that this land-law institution was used in fact throughout the whole area of the former Mongol Empire and that this imperial legal tradition was preserved during the period after the disintegration of the empire itself.
Research objectives: This article considers some features of fosterage as a social institution that existed in the Crimean Khanate throughout most of its history. Above all, the ceremonial and practical aspects associated with the transfer of the children to the caregiver, the process of their education and return to their family are considered.
Research materials: A section of the anonymous manuscript “History of Crimea” kept at the collection of the Institute of Oriental Manuscripts, RAS, under shelf mark B 747.
Results and novelty of the research: Being widely practiced by many peoples of the Caucasus, fosterage had spread to the territory of the Crimean Khanate. Understanding of the origins and essence of this method of child rearing was greatly augmented by the works of famous Soviet ethnographer and historian, M.O. Kosven (1885–1967), which were dedicated to the institution of the family and social structure of the mountain peoples, especially his article “Fosterage”. Meanwhile, the Crimean material is only briefly mentioned in that article. The text of one of the sections of the anonymous manuscript, “History of Crimea”, shows that by the second half of the eighteenth century, fosterage had been practiced in Crimea only by representatives of the most privileged part of society, primarily by members of the ruling Giray dynasty. As might be assumed, the preservation of this institution was mainly dictated by political considerations, while its practical expediency for raising a child was no longer obvious. However, children of the Crimean khans continued to be sent to the Caucasian families for upbringing. The process of giving the children to the caregiver (atalık) and taking them back was subject to consistently followed protocols defining behavior of all participants of the process. Final institutionalization of fosterage was associated with the official recognition of caregivers among the highest court officials of the Crimean Khanate. This article provides the full text of the aforementioned section of “History of Crimea” in ttoman Turkish, transcribed and translated into Russian.
: Objective: This paper attempts to ascertain the etymology of the Russian word tavrui in connection with the possibility of the existence of tugra among the Kazan khans. Research materials: Scribal materials of the Kazan Uyezd in 1565–1568. Results and novelty of the research: The author shows that the Russian word tavrui, mentioned in the scribal book in relation to the khan's signs of ownership, despite its apparent proximity to the word for "brand", may in fact be etymologically related to the Turkic word Togrul "Falcon" rather than to the Arabicر ْوَ ْ
The article continues the direction of research aimed at the study of the Golden Horde Khan Uzbek’s label (1312/13–1341), issued to the Franciscans of the Golden Horde on March 20, 1314. The data analysis of this act is should be based on the conclusions about the success of the previous Catholic missionary activity in China and in the Eastern regions of the Mongolian Empire. The vigorous efforts of Jovanni of Montecorvino and his brothers-in-arms in Beijing had apparently been the reason that made the Great Khagan (Emperor) Kuluk (1307-1311) to be the first who granted Tarkhan act to the Catholic missionaries. His successor on the Imperial throne the Great Kaan Buyantu (1311-1320), during the period from 1311 to 1314 confirmed, most likely, the privileges given to Catholic by his senior brother. These acts were precedents for similar decisions of the rulers of the Mongolian Ulus. And on March 20, 1314, the Franciscan preachers achieved the issue of the new label from the Khan of Uzbek who granted freedom of actions in the Volga-black Sea steppes. It was facilitated by the development of the General Imperial political situation in the Mongolian Empire, which led to the formal registration of the vassal dependence of the Golden Horde rulers on the great kaans.
The article substantiates the new findings about the recipients of this label awards who, naturally are considered to be the Franciscan missionaries. But now, without any additional information, it is impossible to establish who entered their circle. Geographically the Tarkhan privileges granted by the Golden Horde ruler extended to nomadic camps and villages owned directly by the Golden Horde and they didn’t belong to the Christian vassal territories in the Western part of the Golden Horde state. This circumstance does not allow to support the opinion expressed earlier that the recipient of the label was the Bishop of Kaffa. The translation of the label of Khan Uzbek in 1314, which has reached us, is an interesting source, the study of which will help to advance in various aspects of the Golden Horde history.
2017. Vol. 5, no. 3. Pochekaev R.Yu.
Abstract: Research objectives: This article contains a characteristic of the jurispru-dence in the Golden Horde (Ulus of Jochi). The author considers basic stages of develop-ment of the Golden Horde’s jurisprudence and uncovers its scholarly centers located within its territory. Research materials: This research was carried out on the basis of the classical and most recent works on the history of the Golden Horde and its specific aspects (including those that began to be studied by specialist only recently). It was also based on the sources including those which were introduced into scholarly circulation relatively recently; for example, works of medieval eastern authors that were not previously known to a wide range of researchers or were not typically employed as sources on the history of the Golden Horde. Novelty of the research: Following the example of specific scholars (specialists and lecturers in law), the author characterizes basic directions of the development of the Golden Horde’s jurisprudence, while analyzing academic contacts of the Golden Horde’s scholars and the process of “academic mobility”. Also, the author pays attention to the Golden Horde rulers’ support of jurisprudence and the reasons behind its flourishing in the first half of the fourteenth century and its decline by the beginning of the fifteenth century. Research results: The author has found that the Golden Horde’s jurisprudence was undoubtedly part of jurisprudence of Islamic Eurasia in general, but at the same time had specific “Golden Horde” features. These determined the basic stages and directions of its development and even had an influence on the life and activity of specific scholars. It pro-vides justification to speak of the original character of the Golden Horde’s jurisprudence and perspectives in regard to its further research: the study of the Golden Horde’s written monuments (legal and non-legal), biographies of specific scholars, etc.
Objective: A study of the Golden Horde historical sources of the midfourteenth century containing information on the history of law and trials in the Golden Horde, providing a comparison of the actions of the Golden Horde authorities with similar actions taken in other countries of that time. This includes a general assessment of the standards of the Golden Horde proceedings in the period under study. Research materials: The Golden Horde historical sources, namely, legal documents from the so-called “Venetian collection”, along with other sources from the fourteenth and fifteenth centuries related to the proceedings of damages at the international level, including acts of the Venetian colonies of the Black Sea and medieval Rus’ian charters. Novelty of the research: This study is the first attempt both at a historical and legal analysis of the Golden Horde sources containing information about trials, as well as a comparative analysis of the actions of the judiciary at different stages of civil litigation which included international participation in the Golden Horde and contemporary states. Research results: The author reconstructed the main stages of the civil process in the Golden Horde (from filing a lawsuit to a court decision) and revealed the specifics of a particular case in connection with the participation of a foreign element, in addition to its public and legal nature (the lawsuit was not against private individuals, but against the state, i.e. the Venetian Republic). The author established that all procedural actions performed by the Golden Horde authorities in the course of the proceedings, as well as those to ensure the enforcement of the decision, had analogues in the procedural practice of other states that had interests in the Black Sea in the fourteenth and fifteenth centuries. Accordingly, the author concluded there existed a high level of judicial practice in the Golden Horde, including elements which derived from foreign experience.