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To a question of interpretation of the name of the Mongolian law "Their Zasag" (on the example of the Mongolian historiography)



serzhena of DUGAROVA

To the QUESTION OF INTERPRETATION of the NAME of the MONGOLIAN LAW "THEIR ZASAG" (on the example of the Mongolian historiography)

In article opinions of the conducting Mongolian scientists on the issue of interpretation of the name of the law of Genghis Khan "Them Zasag" are considered.

In the article the opinions of famous Mongolian scientists on the question of the interpretation of the name of Genghis Khan's law - "Ikh zasag" are considered.

Mongolia, common law, Genghis Khan, Mongolian empire; Mongolia, usual right, Genghis Khan, Mongolian empire.

Throughout several centuries in historical and jurisprudence the legislation of the Mongolian empire remains an object of a research. Still scientific discussions about the name of the fundamental law of the Mongolian state known as "Them zasag" continue. Scientists of Mongolia connect the statement of the concept "zasag" with the beginning of a research of the legislation of the Mongolian state of Europe on the basis of the Arab and Persian sources. The academician Sh. Bira considers that the word "zasag" in the ancient time in Mongolian sounded as "жасаг", and the initial maintenance of the word "zasag" corresponded to value of the modern word "legislation". The ancient Mongolian word became widespread among the population of the countries of Asia and Europe where underwent change. So, in China it sounded as "phage", or the law. According to D. Dovchinsuren, abroad incorrectly translated the Persian word "yasak" and gave incorrect interpretation of etymological and legal contents of this term. However still in science Genghis Khan's law call "Them zasag".

The fact that the Arab and Persian chronicles acted as the main sources of a research, but not Mongolian, proves logicality of a conclusion of scientists that the norms which were a part "their Zarligiyn devter" had no wide circulation among the Mongolian population. So, Jacques Vederford notes that separate parts of the law of Great Yasa were inaccessible for the dependent population of the state since they were made only for members Gold roda1. I. Dashnyam considers that the word "zasag" received definition "their" (great) during later period when it began to be used for definition of the concept Vlast. According to the scientist, at the time of Genghis Khan the concept "law" (zasag) was identical to the concept Vlast (zasag). And in the 18th century with development of Mongolian the word "zasag" received new contents — state system. Ch. Dalai noting that "Zasag huul", i.e. literally — "the law of the power" was the basic law of the Great Mongolian empire adheres to a similar position.

In a historiography work of the academician Sh. Bira in which P. Rachnevsky, D. Morgan, D.'s articles Ayalona2 are analyzed is of great interest. On the basis of their study he analyzed etymological contents of the term "zasag" and came to sle-

1 Vederford Zh. Onoogiyn ertontsiyg undeslegch ezen Genghis Khan. — UB., 2003, p. 67.
2 Bira Sh. Chingisiyn of "their Zasag" huuliyn talaarkh suuliyn uyeiyn sudalgaana dungees. — UB., 1997, p. 260.

Serzhena Zhigmitovna DUTAROVA — to. and. N, associate professor of the theory and history of the right and state of law department of the Buryat state university yshchagomaz @ mail.ru

to the blowing conclusions. "zasag" Genghis Khan it is impossible to call them the collection of the laws adopted during the concrete historical period of time. "Them zasag", having established a strict order of state system, was not the code of laws in modern legal value of this word. It represented a collection of the decrees issued for many years since the time of Genghis Khan for maintenance in the state of uniform law and order. Called by the name of Genghis Khan, "Them zasag" should not have been modified, and his successors had to be guided strictly at government of

According to the Mongolian scientists, "They for - sagas" were represented by the collection of lectures, manuals which set the military discipline and an order of management established by Genghis Khan. The opinion deserves attention that the law "Them Zasag" is a collection of the legal norms which are written out from the text "Hekh devter". M. San-zhdorzh draws a conclusion that "Hekh devter" represents the collection of the orders of Genghis Khan adopted on a basis "what is bequeathed ancestors" by which Mongols from generation to generation were guided. It follows from this that Yasa originates from the Mongolian word uoshp which in Mongolian is defined as custom.

According to D. Dovchinsuren, decrees of the Mongolian hagan on Persian received the name Yasa, and in Russian — "Label". During the translating of the works Al-ad-dina, Dzhuveyni into Russian the collection of decrees of hagan received the name "Great Book by Yasa". From this giving the word "zasag" became widespread in scientific literature as the name of the law.

The interpretation of the word "Yasa" given by V. Cherevansky who considers that Yasa on Turkish sounds as "Yas name", and in Russian — as "The great ban" (Them tsaaz or them horig) is interesting. It once again confirms justice of the conclusion made above that Genghis Khan's decrees were called also "Them tsaaz", or "The book of great decrees (zarlik)". Also follows from Cherevansky's assumption that Genghis Khan's law had own Mongolian name "Tunkhag" that in translation into Russian means "the first word".

In explanatory dictionaries the word "zasag" is defined as "business of the state", differently —

"to put in order, to adjust wrong". Thus, the word "zasag" which is found in "The intimate legend by Mongols" and "The book of the state of Yuan" and derivatives from it are used in values: to make the decision; having discussed, to accept; to decide; authorities. These words are not connected with the maintenance of the words "huul, tsaaz" and not used in a word meaning "law" (tsaaz, huul). In "The book of the state of Yuan" the word "zasag", first of all, is used in value "terr", i.e. state. It follows from this that during the considered time period the concept "zasag" at Mongols was correlated to the maintenance of a concept "terr". Terms "terr" and "засаг" were often used in official documents as a pair phrase — "terr zasag". Therefore we believe that the law established by the state could not be called "засаг". In the third, "Them zasag" is the state order, the power of the uniform state, and the legislation of Genghis Khan and his successors, hagan of the Mongolian empire, it is necessary to call the legislation of the Great state — "Them zasgiyn (teriyn) tsaaz bi-chig".

During the considered period in Mongolia the acts are called as the word "zarlig". OagIu word "zarlik" repeatedly occurs in Hubilay-hagan's decrees of 1261 — 1268: daga: n d1u Tapia). "The intimate legend by Mongols" and also dozens of other sources demonstrate that decrees of great hagan of the Mongolian empire were made out in the form of a zarlik. So, the word "zarlig" occurs in "The intimate legend" 170 times. In "The book of the state of Yuan" it is also many times mentioned "зарлиг".

In the famous book Hubilay-hagana "10 white blessings" the basic principles of state system and management which main meaning is as follows are stated: by declaring to inform the population of the solution of a hagan in shape zarlik1. In the explanatory dictionary "Guchin Zurgaat Taylbar Roofing Felt" in the 3rd volume the word "zarlig" is defined as "the written-down word of a hagan for the subsequent execution". According to the zarlig Shagzhi dictionary — it "the God's word" and also in the ancient time designated — "the written-down word of a hagan for execution". In more on -

1 Arvan buyant nomyn tsagaan tuukh nert sudryn ekhen orshiv. — UB., 1994, p. 96.
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the zdny period the concept "zarlig" is defined as "label".

The son to Dzhuchi Bat — the khan for the states, dependent on the Horde (Russia, Azerbaijan, Persia) — issued the written decrees called "зарлиг". The decrees of the khan of the Golden Horde determined by the term "label" in Mongolian sound as zarlig Oag іі s).

Thus, the analysis of separate works of the Mongolian scientists devoted to studying etymological and legal contents of the term "Them Zasag" allows to draw the following conclusions. It is necessary to understand set of decrees as the law of the Great Mongolian empire — zarlik of great hagan about the law and order established and protected by the power — "zasaky" since Genghis Khan's government. Sre-

di of scientists there is no consensus concerning interpretation of names of the Mongolian acts, in particular Genghis Khan's law. In this regard the issue of specification of names of sources of law, first of all historically the first sources of law of the Mongolian state, represents a difficult scientific task. At a research of the matter it is necessary to consider, as follows from the analysis of the Mongolian medieval political and legal terminology that in the course of historical development the volume of contents of terms changed. Only the detailed research of matters of time of emergence, names, structures of acts will allow to resolve a problem of discrepancies of political and legal concepts of a modern historiography.

Christy McDaniel
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