THE ANCIENT LEGAL SYSTEM AND ETHICAL FOUNDATIONS OF THE TURKS

Abstract

This article examines the ancient legal system and ethical norms of the Turkic peoples as the object of study. Historically, it is known that the ancient Turks established vast empires on the Eurasian continent, such as the Hun Empire, the Gokturk Khaganate, and the Kipchak confederations. They developed a unique legal system and ethical norms that regu- lated public relations characteristic of a nomadic lifestyle. Later, in the 13th century, the legal system and moral values of the Mongol Empire, founded by Genghis Khan, were a legitimate continuation of the legal traditions laid down by the ancient Turks. Even the legal system of the Kazakh Khanate, established in the 15th century in the heart of the Jochi dynasty, was rooted in these ancient Turkic legal systems and ethical norms. What made these ancient Turkic laws and moral norms, which retained their significance for centuries, so distinctive? In this study, we will analyze legal acts such as the “Tore” law, the “Bitik” law, the “Yasama” law, and the “Great Yasa” law of the ancient Turks to explore this topic in detail. Specifically, we will conduct a scholarly review of the “Tore” law, believed to have originated during the era of the Hun Empire, based on the information provided by researchers. Furthermore, we will discuss the scarce data regarding the “Bitik” law that emerged during the period of the Gokturk Khaganate. The study will also address the characteristics of the “Yasama” law, which was created during the era of the Karakhanids, after the Turks embraced Islam. Some of the norms of this legal system, which arose at the intersection of the belief in Tengri and Islamic culture, will be discussed individually. One of the greatest legal systems left by the Turks in history is known to be the “Great Yasa” of Genghis Khan. By presenting the version of this law provided by historian Berezin in our article, we will thoroughly analyze its main features. Additionally, we incorporated into our research the accounts of Arab and Persian travelers who visited the Turkic steppes, especially their evalua- tions of the character of the nomads. Through this, we have revealed the ethical foundations and moral norms of the ancient Turks. Notably, the ethical values of the ancient Turks can be identi- fied through their punishment norms, as they did not differentiate between crimes and immoral acts, considering unethical deeds as crimes as well. In conclusion, it is demonstrated that the customary norms of the modern Kazakh people originate from the ancient Turkic laws of “Tore”, “Bitik”, “Yasama”, and “Great Yasa”. Ultimately, the Kazakh people’s identity is considered as a syncretic expression of Turkic legal culture and Islamic values. That is, legal codes such as the “Bright Road of Kasym Khan”, the “Old Path of Esim Khan”, and Tauke Khan’s “Seven Charters”, which were established during the era of the Kazakh Khanate, blossomed from the historical experience of our nomadic nation. Indeed, we conclude that the integration of ancient Turkic and Islamic values occurred during this centuries-long historical process experienced by the Kazakh people. This is a crucial indicator in determining the genesis of our national identity, as well as an independent scientific conclusion reflecting the outcome of historical processes.