Genghis Khan and the Making of the Modern World

by Jack Weatherford

In order to maintain peace in this large and ethnically diverse set of tribes that he had forged into one nation, he quickly proclaimed new laws to suppress the traditional causes of tribal feuding and war. The Great Law of Genghis Khan differed from that of other lawgivers in history. He did not base his law on divine revelation from God; nor did he derive it from an ancient code of any sedentary civilization. He consolidated it from the customs and traditions of the herding tribes as maintained over centuries; yet he readily abolished old practices when they hindered the functioning of his new society. He allowed groups to follow traditional law in their area, so long as it did not conflict with the Great Law, which functioned as a supreme law or a common law over everyone. The Great Law, however, did not represent a single codification of the law so much as an ongoing body of legal work that he continued to develop throughout the remaining two decades of his life. Genghis Khan’s law did not delve into all aspects of daily life; instead, he used it to regulate the most troublesome aspects. As long as men kidnapped women, there would be feuding on the steppes. Genghis Khan’s first new law reportedly forbade the kidnapping of women, almost certainly a reaction to the kidnapping of his wife Borte. The persistent potential for strife originating in such kidnappings still plagued Genghis Khan within his own family in the uncertainty of whether his eldest son had been fathered...