Latest / The Rise of Colonialism: How Europe Divided the World — Fexingo History / The Yassa: How Genghis Khan's Laws Built an Empire
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- Lucas: So we've talked a lot about European colonial systems — the cartaz, the encomienda, the mita. But there's an earlier, non-European imperial machine that used a very different kind of law to bind its conquests together: the Mongol Yassa. Luna: The Yassa — that's the legal code Genghis Khan created, right? Lucas: Exactly. The word 'Yassa' means 'order' or 'decree' in Mongolian. Genghis Khan promulgated it around 1206, at the kurultai — the great assembly — that proclaimed him ruler of all the Mongols. It wasn't a written code in our sense; more a collection of pronouncements, oral traditions, and precedents that his successors later codified. Lucas: The Yassa covered everything from military discipline to family law to religious policy. One of its most famous provisions was universal religious tolerance: Genghis decreed that all faiths — Buddhism, Islam, Christianity, Taoism — were to be respected and their clergy exempted from taxes. Luna: That's remarkable for the 13th century — Europe was still burning heretics at the stake. Lucas: Exactly. And it wasn't just idealism. The Mongol Empire was a multi-ethnic, multi-religious realm from the start. Genghis understood that favoring one faith would breed rebellion. Instead, he positioned himself as a neutral arbiter above them all — often attending Muslim, Christian, and Buddhist ceremonies himself. Lucas: But the Yassa was also brutally pragmatic on military matters. Desertion was punishable by death. So was theft within the army, or hoarding loot instead of sharing it with the commander. The idea was to forge a disciplined, loyal fighting force out of fractious steppe tribes. Luna: What about the postal relay system? I've heard that was tied to the Yassa too. Lucas: Yes — the Yam. The Yassa mandated a network of relay stations across the empire, each with fresh horses and supplies. Riders could cover up to 250 miles a day. This wasn't just for military commands; it also let merchants travel safely and quickly. The Mongol khans heavily taxed trade routes, so protecting them was smart economics. Lucas: Under Ögedei Khan, Genghis's son, the Yassa was expanded and written down more formally. He compiled the 'Great Code' — though no complete copy survives today. We know about it from later Persian and Arabic chronicles, like those of Juvayni and Rashid al-Din. Luna: So we don't have the original text. That must make it hard to know exactly what was in it. Lucas: It does. Some historians argue the Yassa was more a set of guiding principles than a rigid legal code. But we do know certain specific rulings: adultery could be punished by death, but so could intentionally stepping on a tent threshold — that was considered an insult to the spirits. Lucas: Another key element was the protection of merchants. Genghis famously once said, 'Even a merchant's lie is worth hearing.' The Yassa exempted merchants from certain taxes and gave them safe passage. That helped the Mongols build the vast trade network we now call the Silk Road. Luna: It sounds like the Yassa was as much about creating a unified identity as about law. Lucas: Absolutely. Genghis was uniting dozens of tribes — Tatars, Naimans, Merkits, Kereyids — who had their own customs and loyalties. The Yassa superseded those tribal codes. It made loyalty to the empire, not the clan, the highest virtue. And it imposed a single standard of justice across the whole steppe. Lucas: For example, under the Yassa, no Mongol soldier could desert another in battle on pain of death. That collective responsibility made the Mongol army terrifyingly cohesive. And it applied to everyone: Genghis's own generals were executed for violating it. Luna: Was the Yassa applied outside the Mongol heartland? Like in China or Persia? Lucas: In the conquered sedentary societies, the Mongols often kept local laws in place — but the Yassa governed the Mongol ruling class and military. So a Persian peasant would be judged by Islamic law, but a Mongol official in Persia would be judged by the Yassa. This dual system created tensions, especially when the Yassa conflicted with local norms. Lucas: One notable clash was with Islamic law. The Yassa forbade washing in running water — a practical measure to avoid polluting scarce steppe streams. But in Muslim lands, ritual ablution required running water. Some Mongol governors enforced the Yassa anyway, which caused resentment. Luna: That's a good example of how empire-building isn't just about conquest — it's about managing everyday life. Lucas: By the time of Kublai Khan and the Yuan Dynasty in China, the Yassa had weakened. Kublai embraced Chinese bureaucratic traditions and Buddhism, and the Yassa became more ceremonial. It was still cited as the ancestral law, but actual administration relied on Chinese-style codes. Lucas: In the western Mongol khanates, like the Golden Horde and the Ilkhanate, the Yassa also faded as local rulers converted to Islam and adopted Sharia. But it never fully disappeared. Even Timur, centuries later, invoked the Yassa to justify his brutal campaigns. Luna: So its legacy outlasted the empire. Lucas: It did. And it's fascinating to compare it to contemporary legal systems. In 1215, just nine years after the kurultai, English barons forced King John to sign the Magna Carta — a document limiting royal power and protecting specific rights. The Yassa did the opposite: it centralized power in the khans. Two different solutions to the problem of ruling large, diverse territories. Lucas: The Yassa also had a dark side. It prescribed collective punishment: if a city resisted, the entire population could be slaughtered. That was a deliberate terror tactic. But within the Mongol ranks, it fostered remarkable discipline. Luna: And that discipline is part of why they conquered so much, so fast. Lucas: Exactly. While European colonial powers relied on naval technology and chartered companies, the Mongols used a simple, adaptable legal framework to hold together the largest contiguous land empire ever. It's a reminder that colonialism didn't only come from the sea. Lucas: It also makes you think about what it takes to build an empire that lasts beyond one leader. The Yassa was Genghis's attempt to institutionalize his vision — and it worked for generations. Luna: You know, this is exactly why I love doing this show. We get to step back from the European narrative and see how other empires did things. Lucas: Yeah, and that variety is something we try to celebrate. We deliberately don't run ads on these conversations — we want the topic to breathe without interruption. If you want to support that choice, the link is buy me a coffee dot com slash fexingo. It's a simple way to keep this ad-free. Luna: It does make a difference. Just knowing listeners appreciate it keeps us going. Lucas: Alright — back to the Yassa. One last piece: the Yassa also mandated a census and a system of conscription. Every male from 15 to 70 could be called up. That gave the Mongols a massive, ready army. And because of the Yam, they could mobilize it quickly across huge distances. Luna: So the Yassa wasn't just law — it was a complete system of administration. Lucas: Exactly. That's what made it so powerful. It combined military, economic, and social rules into one coherent framework. And it's a great counterpoint to the European colonial models we've been exploring — showing that empires, east and west, all needed a legal backbone.