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Silk Road Caravan Contracts as Multilingual Juridical Palimpsests

Silk Road Caravan Contracts as Multilingual Juridical Palimpsests

丝绸之路商队契约作为多语种法律性重写本

  1. Ninth-century Dunhuang contracts show successive layers of ink where Sogdian, Tang legal Chinese, and early Uyghur script overwrite one another on the same parchment fragment.
  2. These were not translations but juridical palimpsests—each layer adding enforceable clauses without erasing prior obligations, creating stacked legal personhood.
  3. A single clause governing camel mortality might appear in Sogdian (liability), Chinese (tax exemption), and Uyghur (grazing rights), each binding different parties under distinct customary law.
  4. The physical act of writing over previous text signaled consent to cumulative accountability rather than replacement or supersession.
  5. Tax collectors along the Hexi Corridor accepted such documents precisely because their illegibility to any single authority prevented unilateral interpretation.
  6. Modern forensic imaging reveals erased sections containing oaths sworn on Zoroastrian fire altars and Buddhist stupas—ritual anchors for contractual integrity.
  7. Unlike Roman or Islamic contract traditions emphasizing singular authorship, Silk Road agreements assumed polycentric enforcement across jurisdictions.
  8. Contemporary Central Asian arbitration courts cite these palimpsests when adjudicating transboundary water-sharing disputes involving multiple ethnic stakeholders.
  9. The parchment itself became a jurisdictional territory—its surface hosting competing sovereignties without requiring hierarchical resolution.
  10. Such documents challenge Western assumptions that legal clarity requires terminological consistency or syntactic uniformity.
  11. They demonstrate how multilingual opacity functioned as governance technology, not communication failure.
  12. The contract thus remains legible not as text but as stratigraphic evidence of cooperative legal imagination.

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