Вестник БГУ. Юриспруденция
Bibliographic description:
PROBLEMS OF RESEARCH OF PRIMARY SOURCES ON THE HISTORY OF MONGOLIAN LAW // Вестник БГУ. Юриспруденция. - 2020. №4. . - С. 5-42.
Title:
PROBLEMS OF RESEARCH OF PRIMARY SOURCES ON THE HISTORY OF MONGOLIAN LAW
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Annotation:
The article attempts to make a legal analysis of the well-known monuments of Mongolian law. It provides a historiographic description of sources, dating,
authorship, literal and adapted translation of legal norms. Great importance is attached
to the interpretation of the text, clarification of its legal content.
Interest in the history of Mongolian law is objective, due to the scale of the geopolitical influence of the Mongol Empire. For several centuries, the phenomenon of Mongolian law and state had attracted attention of scientists from many countries and civilizations. Debates over the nature of Mongolian law continue to be of current interest. In
this regard, we consider that the study of the content and civilizational characteristics
of the monuments of Mongolian law, the essence of historical legislative acts is relevant objective of legal science.
The article provides an overview of the latest historiography of monuments of
Mongolian law, criticism of traditional methodological approaches to the study of historical monuments. We have emphasized the need to identify the content of national
legal terminology, the principles of legal regulation, which can be achieved by paying
attention mainly to legal texts, by building systemic links between individual norms,
institutions, branches of law. We have analyzed texts of well-known legal monuments
the "Statute of Mandukhai Sechen Khatun", the decree of Manchu Hong Taiji, "Arvan
Buyant Nomin Tsaaz", the inscription on the "Black Singing Stones", "Ikh Tsaaz". A
significant attention is placed to the legal terms associated with legal history in historical documents and other literature. We also reveal the role of literary information about
Mongolian law in the search and identification of primary sources, disclosure of their
legal content.
authorship, literal and adapted translation of legal norms. Great importance is attached
to the interpretation of the text, clarification of its legal content.
Interest in the history of Mongolian law is objective, due to the scale of the geopolitical influence of the Mongol Empire. For several centuries, the phenomenon of Mongolian law and state had attracted attention of scientists from many countries and civilizations. Debates over the nature of Mongolian law continue to be of current interest. In
this regard, we consider that the study of the content and civilizational characteristics
of the monuments of Mongolian law, the essence of historical legislative acts is relevant objective of legal science.
The article provides an overview of the latest historiography of monuments of
Mongolian law, criticism of traditional methodological approaches to the study of historical monuments. We have emphasized the need to identify the content of national
legal terminology, the principles of legal regulation, which can be achieved by paying
attention mainly to legal texts, by building systemic links between individual norms,
institutions, branches of law. We have analyzed texts of well-known legal monuments
the "Statute of Mandukhai Sechen Khatun", the decree of Manchu Hong Taiji, "Arvan
Buyant Nomin Tsaaz", the inscription on the "Black Singing Stones", "Ikh Tsaaz". A
significant attention is placed to the legal terms associated with legal history in historical documents and other literature. We also reveal the role of literary information about
Mongolian law in the search and identification of primary sources, disclosure of their
legal content.
Keywords:
history of Mongolian law; monuments of law; legal texts; national legal terms; interpretation of law; content of law sources; law; customary law; code; steppe laws.
List of references:
Article.pdf