Dagmara Skrzywanek-Jaworska
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 29 - 48
https://doi.org/10.4467/20844131KS.24.002.19459This article delves into Leon Piniński’s academic sympathies and aversions, as manifested in his contributions to Przegląd Polski through the posthumous memoirs of Rudolf von Jhering and Bernhard Windscheid. A shared interest in Roman law and possession as a subject of research interest served as a common ground between Piniński and the memoir protagonists during a certain phase of their academic careers. The 19th-century German legal landscape witnessed a polarization of perspectives on possessio, with Savigny and his followers (including Windscheid) on one side and Jhering on the other. This dichotomy captivated Piniński, leading to his exploration of the subject and the development of his unique concept of possessio. During his foreign sojourns, Piniński wrote a German-language monograph titled Der Thatbestand des Sachbesitzerwerbs nach gemeinem Recht, a work yet to be translated into Polish. The evaluations of Jhering’s and Windscheid’s scholarly output were primarily based on Piniński’s views on the nature of possessio. Additionally, the article paints an intellectual tableau of an era whose accomplishments in the realm of legal research continue to hold relevance in contemporary discourse.