28 INTRODUCTION
of different ethnic groups. All states of conquest were multinational and
included a large Chinese population; their legal systems generally applied the
principle of ius
sanguinis.
Under the Liao, Chinese law
—
that is, codified
T'ang law - was used for the Chinese and the Po-hai population, with,
however, some modifications that consisted chiefly of harsher punishments
than those provided by T'ang law. Tribal customary law was applied to
Khitans and other non-Chinese ethnic groups. The Liao made no attempts to
create a comprehensive and systematic code, although on several occasions,
existing rules and ordinances were collected together and promulgated.'
6
The Tangut, by contrast, created very complex codified laws, written in
Tangut, that are an amalgam of T'ang law and Tangut custom. This code has
survived in large part, and a translation is now available.'
7
Throughout the twelfth century the laws of Chin remained a mixture of
Chinese law and customary law of the Jurchens and other ethnic groups.
Chinese (T'ang) law was adopted only gradually, a process that culminated in
the T'ai-ho code (T'ai-ho lu), which was promulgated in 1201. The T'ai-ho
code was to a large extent based on the T'ang code and survived the fall of
Chin in 1234, for even after the Mongolian conquest of northern China, it
was still applied to the Chinese population.'
8
It was abrogated only in 1271
after the Mongolian regime had adopted the dynastic name of
Yuan.
But in
spite of their code, Chin law included not a few principles that were alien to
Chinese legal theory and practice, chiefly in family and inheritance law.
Among these we might mention the toleration of levirate and the permission
for sons to set up their own households during the lifetime of their parents.
Compared with T'ang law, the stipulations of the T'ai-ho code, of which
fragments have survived, were sometimes more draconian and tended to
strengthen the authority of the heads of the family over wives and junior
relatives.
The differentiation of
law
and legal procedure under the Mongols was even
greater than under the preceding dynasties. Jurisdiction was fragmented
according to nationalities.'
9
For example, the Bureau of Affairs of the Impe-
rial Clan (Ta tsung-cheng-fii), which had the functions of
a
court of appeal,
16 Herbert Franke, "Chinese law in a multinational society: The case of the Liao (907-1125)," paper
presented to the History of Chinese Medieval Law Conference, Bellagio, Italy, August 1981; and "The
'Treatise on punishments' in the Liao history," Central Asiatic Journal, 27 (1983), pp. 9—38.
17 See Evgenii I. Kychanov, Izmennyi i zanovo utverzhdennyi
kodeks
daiisa tsarstvovaniia
nebanoeprotsvetanie
(//49-1169), vol. 1 (Moscow, 1988); vol. 2 (Moscow, 1987); vols. 3 and 4 (Moscow, 1989).
18 See Herbert Franke, "Jurchen customary law and the Chinese law of the Chin dynasty," in State and
law in East Asia:
Festschrift
Karl
Biinger,
ed. Dieter Eikemeier and Herbert Franke (Wiesbaden, 1981),
pp.
215—33; also see Franke, "The legal system of the Chin dynasty," in
CollectedStudies on Sung history
dedicated to
Professor
Janus T. C. Liu in
celebration
of his
seventieth
birthday, ed. Tsuyoshi Kinugawa
(Kyoto, 1989), pp. 387-409.
19 See the introduction of Paul Ratchnevsky, Un
code
da Yuan (Paris, 1937), vol. 1, pp. v-xcix.
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