Toluid dynamics of Asia : flexibility, legality and identity within Toluid institutions
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
Hodous, Florence
Toluid dynamics of Asia : flexibility, legality and identity within Toluid institutions. 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
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