Cracow Studies of Constitutional and Legal History
The intention of the editors and founders of the journal has been to publish research papers in a broadly conceived history of law, the state, and political and legal doctrines.
See all issuesThe intention of the editors and founders of the journal has been to publish research papers in a broadly conceived history of law, the state, and political and legal doctrines.
See all issuesDescription
The intention of the editors and founders of the Cracow Studies of Constitutional and Legal History has been to publish research papers in a broadly conceived history of law, the state, and political and legal doctrines. In general, the editors prefer studies in the history of Polish law, as well as European law with a focus on Central and Eastern Europe, and also the history of ecclesiastical law. The papers accepted for publication may refer to all historical epochs, including ancient law, up to the political and social transformations which began in this part of Europe in 1989.
ISSN: 2084-4115
eISSN: 2084-4131
MNiSW points: 70
UIC ID: 200288
DOI: 10.4467/20844131KS
Editorial team
Affiliation
Jagiellonian University in Kraków
Publication date: 01.10.2024
Editors of the Issue 2: Maciej Mikuła, Kacper Górski
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
The publication was funded by the Faculty of Law and Administration of the Jagiellonian University granted within the Priority Research Area Heritage under the program “Excellence Initiative” at the Jagiellonian University in Krakow.
The journal was supported by the Minister of Education and Science under the programme „Development of scientific journals” for the years 2023–2024 (contract no. RCN/SP/0307/2021/1).
Cover design: Paweł Bigos.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 125-145
https://doi.org/10.4467/20844131KS.24.012.20285Szymon Rutkowski
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 147-178
https://doi.org/10.4467/20844131KS.24.013.20286Eryk Zywert
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 179-200
https://doi.org/10.4467/20844131KS.24.014.20287Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 201-215
https://doi.org/10.4467/20844131KS.24.015.20288Hubert Mielnik
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 217-247
https://doi.org/10.4467/20844131KS.24.016.20289Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 249-251
https://doi.org/10.4467/20844131KS.24.017.20290Krzysztof Burczak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 253-264
https://doi.org/10.4467/20844131KS.24.018.20291Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 265-268
https://doi.org/10.4467/20844131KS.24.019.20292Marcin Głuszak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 269-270
https://doi.org/10.4467/20844131KS.24.020.20293Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 125-145
https://doi.org/10.4467/20844131KS.24.012.20285Szymon Rutkowski
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 147-178
https://doi.org/10.4467/20844131KS.24.013.20286Eryk Zywert
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 179-200
https://doi.org/10.4467/20844131KS.24.014.20287Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 201-215
https://doi.org/10.4467/20844131KS.24.015.20288Hubert Mielnik
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 217-247
https://doi.org/10.4467/20844131KS.24.016.20289Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 249-251
https://doi.org/10.4467/20844131KS.24.017.20290Krzysztof Burczak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 253-264
https://doi.org/10.4467/20844131KS.24.018.20291Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 265-268
https://doi.org/10.4467/20844131KS.24.019.20292Marcin Głuszak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 269-270
https://doi.org/10.4467/20844131KS.24.020.20293Publication date: 05.2024
Secretary: Kacper Górski
Editors of the Issue 1: Kacper Górski, Maciej Mikuła
Editor-in-Chief: Krystyna Chojnicka
The publication was funded by the Faculty of Law and Administration of the Jagiellonian University granted within the Priority Research Area Heritage under the program “Excellence Initiative” at the Jagiellonian University in Krakow.
The journal was supported by the Minister of Education and Science under the programme „Development of scientific journals” for the years 2023–2024 (contract no. RCN/SP/0307/2021/1).
Cover design: Paweł Bigos.
Bogusław Ulicki
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 1-28
https://doi.org/10.4467/20844131KS.24.001.19458Dagmara 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.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 49-63
https://doi.org/10.4467/20844131KS.24.003.19460Danuta Janicka
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 65-77
https://doi.org/10.4467/20844131KS.24.004.19461Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 79-91
https://doi.org/10.4467/20844131KS.24.005.19462Tadeusz Matuszewicz was a politician, civil servant, and statesman. He lived at the turn of the 18th and 19th centuries, taking part in several important events of this period, the most significant of which were participation in the drafting of the Constitution of 3 May 1791 and its adoption, and holding the post of the Minister of Treasury both in the Duchy of Warsaw and the Kingdom of Poland. He also took part in the Civil Reform Committee, which prepared changes to the administrative system. The details of Matuszewicz’s biography should therefore illuminate a number of public and legal issues of the era. The reviewed book of Dominika Rychel-Mantur is intended as a biography of Matuszewicz’s public activities. In fact, it only slightly expands the knowledge concerning some aspects of Matuszewicz’s life between 1809 and 1815. Other public activities are either omitted or superficially elaborated. The author did not use the basic archival sources and omitted important pieces of literature on the subject. Many of the findings presented against the source materials used turn out to be untrue due to their misunderstanding or misreading. Unfortunately, Dominika Rychel-Mantur’s book can hardly be regarded as successful.
Izabela Leraczyk
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 93-104
https://doi.org/10.4467/20844131KS.24.006.19463As head of the Editorial Committee of the Pamiętnik Literacko-Naukowy (Science and Literature Memoir), a magazine of the university camp in Grangeneuve (later Fribourg), Adam Vetulani conducted correspondence with General Bronisław Prugar-Ketling on the subject of creating a publication marking the 650th anniversary of the establishment of Switzerland. While he was preparing a selection of texts to be published in Polish, he sent a translation of the Swiss Confederation Act of 1291 to his commander. As Vetulani indicated, it was the first translation of that document into the Polish language. Unfortunately, as described in the present text, the publication did not come to pass and, therefore, neither did the translation of the Bundesbrief of 1291. The only copy discovered so far can be found in the collections of the Central Military Archive in Warsaw.
Szymon Pokrywka
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 105-107
https://doi.org/10.4467/20844131KS.24.007.19464Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 109-112
https://doi.org/10.4467/20844131KS.24.008.19465Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 113-115
https://doi.org/10.4467/20844131KS.24.009.19466Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 117-120
https://doi.org/10.4467/20844131KS.24.010.19467Filip Kleibert, Jakub Koza
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 121-123
https://doi.org/10.4467/20844131KS.24.011.19468Bogusław Ulicki
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 1-28
https://doi.org/10.4467/20844131KS.24.001.19458Dagmara 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.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 49-63
https://doi.org/10.4467/20844131KS.24.003.19460Danuta Janicka
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 65-77
https://doi.org/10.4467/20844131KS.24.004.19461Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 79-91
https://doi.org/10.4467/20844131KS.24.005.19462Tadeusz Matuszewicz was a politician, civil servant, and statesman. He lived at the turn of the 18th and 19th centuries, taking part in several important events of this period, the most significant of which were participation in the drafting of the Constitution of 3 May 1791 and its adoption, and holding the post of the Minister of Treasury both in the Duchy of Warsaw and the Kingdom of Poland. He also took part in the Civil Reform Committee, which prepared changes to the administrative system. The details of Matuszewicz’s biography should therefore illuminate a number of public and legal issues of the era. The reviewed book of Dominika Rychel-Mantur is intended as a biography of Matuszewicz’s public activities. In fact, it only slightly expands the knowledge concerning some aspects of Matuszewicz’s life between 1809 and 1815. Other public activities are either omitted or superficially elaborated. The author did not use the basic archival sources and omitted important pieces of literature on the subject. Many of the findings presented against the source materials used turn out to be untrue due to their misunderstanding or misreading. Unfortunately, Dominika Rychel-Mantur’s book can hardly be regarded as successful.
Izabela Leraczyk
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 93-104
https://doi.org/10.4467/20844131KS.24.006.19463As head of the Editorial Committee of the Pamiętnik Literacko-Naukowy (Science and Literature Memoir), a magazine of the university camp in Grangeneuve (later Fribourg), Adam Vetulani conducted correspondence with General Bronisław Prugar-Ketling on the subject of creating a publication marking the 650th anniversary of the establishment of Switzerland. While he was preparing a selection of texts to be published in Polish, he sent a translation of the Swiss Confederation Act of 1291 to his commander. As Vetulani indicated, it was the first translation of that document into the Polish language. Unfortunately, as described in the present text, the publication did not come to pass and, therefore, neither did the translation of the Bundesbrief of 1291. The only copy discovered so far can be found in the collections of the Central Military Archive in Warsaw.
Szymon Pokrywka
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 105-107
https://doi.org/10.4467/20844131KS.24.007.19464Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 109-112
https://doi.org/10.4467/20844131KS.24.008.19465Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 113-115
https://doi.org/10.4467/20844131KS.24.009.19466Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 117-120
https://doi.org/10.4467/20844131KS.24.010.19467Filip Kleibert, Jakub Koza
Cracow Studies of Constitutional and Legal History, Volume 17 Issue 1, Volume 17 (2024), pp. 121-123
https://doi.org/10.4467/20844131KS.24.011.19468Editors of the Issue 4: Maciej Mikuła, Anna Tarnowska, Kacper Górski
Thematic Editor: Dorota Malec
Editor-in-Chief: Krystyna Chojnicka
Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.036.21020Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.037.21021Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.038.21022Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.039.21023Anna Tarnowska, Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.040.21024Anna Tarnowska, Dorota Wiśniewska, Jan Halberda, Michał Gałędek, Iwona Barwicka-Tylek, Maciej Mikuła, Beata J. Kowalczyk, Izabela Leraczyk, Magdalena Wilczek-Karczewska, Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.041.21025Karol Dąbrowski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.042.21026Piotr Alexandrowicz, Paweł Kaźmierski, Przemysław Pałka, Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.043.21027Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.044.21028Krzysztof Fokt, Kacper Górski, Paulina Kamińska, Łukasz Marzec, Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.045.21029Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.036.21020Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.037.21021Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.038.21022Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.039.21023Anna Tarnowska, Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.040.21024Anna Tarnowska, Dorota Wiśniewska, Jan Halberda, Michał Gałędek, Iwona Barwicka-Tylek, Maciej Mikuła, Beata J. Kowalczyk, Izabela Leraczyk, Magdalena Wilczek-Karczewska, Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.041.21025Karol Dąbrowski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.042.21026Piotr Alexandrowicz, Paweł Kaźmierski, Przemysław Pałka, Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.043.21027Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.044.21028Krzysztof Fokt, Kacper Górski, Paulina Kamińska, Łukasz Marzec, Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access
https://doi.org/10.4467/20844131KS.24.045.21029Thematic Editor: Dorota Malec
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Marcin Mruk
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.021.21005Ingrid Lanczová , Nicole Makóová
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.022.21006Benedek Varga
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.023.21007Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.024.21008Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.025.21009Jaromír Tauchen
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.026.21010Tomasz Szczygieł
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.027.21011Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.028.21012Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.029.21013Agata Czarnecka
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.030.21014Jan Rudnicki
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.031.21015Ingrid Lanczová , Adriana Pollák
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.032.21016Balázs Rigó
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.033.21017Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.034.21018Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.035.21019Marcin Mruk
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.021.21005Ingrid Lanczová , Nicole Makóová
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.022.21006Benedek Varga
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.023.21007Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.024.21008Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.025.21009Jaromír Tauchen
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.026.21010Tomasz Szczygieł
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.027.21011Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.028.21012Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.029.21013Agata Czarnecka
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.030.21014Jan Rudnicki
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.031.21015Ingrid Lanczová , Adriana Pollák
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.032.21016Balázs Rigó
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.033.21017Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.034.21018Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access
https://doi.org/10.4467/20844131KS.24.035.21019Publication date: 2023
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
The publication was funded by the Faculty of Law and Administration of the Jagiellonian University granted within the Priority Research Area Heritage under the program “Excellence Initiative – Research University” at the Jagiellonian University in Krakow.
The journal was supported by the Minister of Education and Science under the programme „Development of scientific journals” for the years 2023–2024 (contract no. RCN/SP/0307/2021/1).
In 2023 the journal was supported by Grupa Azoty ZAK S.A.
Cover design: Paweł Bigos.
Bartosz Zalewski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 449-467
https://doi.org/10.4467/20844131KS.23.039.19033The traditional punishment for parricidium under Roman law was the poena cullei (“the penalty of the sack”). Its continued use in late antiquity is confirmed by the constitution of Emperor Constantine the Great later adopted in the Theodosian Code of 438 (C. Th. 9, 15, 1). It is not clear, however, whether this punishment was also applied in practice to pars Occidentis in the period after the abdication of Emperor Romulus Augustulus (476). The official royal correspondence preserved in Cassiodorus’ Variae mentions the penalty of exile imposed for fratricide (Cass., Variae 1, 18). The aim of the study is an attempt to interpret the indicated letter of Theodoric the Great, as well as a number of other sources (the provisions of Edictum Theoderici regis and Breviarium Alarici) to reconstruct the penal policy of this ruler towards the perpetrators of parricidium and homicidium.
Maciej Kluss
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 469-486
https://doi.org/10.4467/20844131KS.23.040.19034The propination rights provided for the exclusive right to produce and sell alcoholic beverages. In the 19th century, however, these rights, together with the serfdom, became a relic of a bygone era, having no place in the existing social and legal system, which ultimately led to its abolition. The article presents research problems related to the propination rights in Galicia. The first part of the article presents the definition and nature of propination in Poland, its connection to the feudal system and the phenomenon of forced propination. The second part of the article discusses the propination rights in Galicia during the first half of the 19th century, taking into account social, political and legal factors. It presents the issue of propination during the period of Galician autonomy in the second half of the 19th century as well. This part includes also issues of competent authorities and the ultimate abolition of these rights on the basis of the Act of December 30, 1875, and the Act of April 22, 1889.
Aleksandra Bagieńska-Masiota
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 487-510
https://doi.org/10.4467/20844131KS.23.041.19035The article presents the views of the legal doctrine and the discussion concerning the attempts to extend the legal regulation of artistic performances in Poland in the period after World War II, including the discussions in the Sejm of the first and second term in the early 1990s, accompanying the enactment of the currently binding Act on Copyright and Related Rights. During this period, many bills – the first ones from the 1960s and 1970s – failed to be translated into the language of the current legislation. In the period immediately after World War II, the doctrine took the position that the protection of performers could be derived from the provisions protecting the creators themselves. In practice, however, protection was implemented through the provisions of civil law and labour law. It was only after the change of the social and political system in Poland in 1989 that the work of the Sejm of successive terms of office led to the enactment of legislation protecting the rights of performers.
Konrad Graczyk
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 511-531
https://doi.org/10.4467/20844131KS.23.042.19036The article concerns the activities of the Special Court in Ternopil (Sondergericht Tarnopol), one of the German special courts operating in the territory of the General Government, in the Galicia district, in the years 1941–1944. Investigating this topic is justified by the lack of even fragmentary findings. Due to the state of preservation of the sources, I tried to answer the question about the nationality of the defendants; what punishments they received; if and in what cases the death penalty was imposed; who directed the work of the Sondergericht; what judges were its members and what prosecutors participated in the hearings before the Sondergericht; and where the lawyers involved in the work of the Sondergericht came from. The sources used in the research included archival materials (court and personal files), literature and the press. The research resulted in new, original findings regarding the Special Court in Ternopil.
Piotr Alexandrowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 533-558
https://doi.org/10.4467/20844131KS.23.043.19037The review essay of the book on quinque compilationes antiquae by Krzysztof Burczak offers a critique of the scope and method applied to the research on the sources of medieval canon law within this monograph. The two objectives or hypotheses of the book are too broad and were not properly justified. The research was based on limited and outdated methods. The approach to the sources of quinque compilationes did not take into account the complicated history of the transmission of canon law texts. The author overlooked the relevance of the science of canon law (e.g., glosses) and application of compilations in courts which were crucial for defending his claims. Unfortunately, the book proves that the state and quality of the history of universal canon law in Poland resembles the emperor’s new clothes.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 559-591
https://doi.org/10.4467/20844131KS.23.044.19038When Poland regained independence in 1918, the different legal systems of the various partitioning states all remained in force on its territory. Drafts of uniform laws were to be drawn up by the Codification Commission established in 1919. One of its tasks was the preparation of a draft of the family and guardianship law. The sub-commission addressing this division of civil law worked until the outbreak of World War Two. The minutes of its sittings disappeared in September 1939 along with the total output of the Codification Commission. However, copies of minutes of the sittings of the subcommission held in 1939 were found in Kazimierz Przybyłowski’s collection of books donated to the Faculty of Law and Administration of University of Silesia in Katowice. These minutes shed new light on the final phase of the codification works. Publication of these documents will enable further detailed research on the history of family law in interwar Poland. The fourth part of the publication consists of minutes nos. 197–201, and includes the reconstruction of articles 1–16, 40–58, and the draft of articles 59–78a as well
Krzysztof Amielańczyk
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 593-601
https://doi.org/10.4467/20844131KS.23.045.19039Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 603-609
https://doi.org/10.4467/20844131KS.23.046.19040Bartosz Zalewski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 449-467
https://doi.org/10.4467/20844131KS.23.039.19033The traditional punishment for parricidium under Roman law was the poena cullei (“the penalty of the sack”). Its continued use in late antiquity is confirmed by the constitution of Emperor Constantine the Great later adopted in the Theodosian Code of 438 (C. Th. 9, 15, 1). It is not clear, however, whether this punishment was also applied in practice to pars Occidentis in the period after the abdication of Emperor Romulus Augustulus (476). The official royal correspondence preserved in Cassiodorus’ Variae mentions the penalty of exile imposed for fratricide (Cass., Variae 1, 18). The aim of the study is an attempt to interpret the indicated letter of Theodoric the Great, as well as a number of other sources (the provisions of Edictum Theoderici regis and Breviarium Alarici) to reconstruct the penal policy of this ruler towards the perpetrators of parricidium and homicidium.
Maciej Kluss
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 469-486
https://doi.org/10.4467/20844131KS.23.040.19034The propination rights provided for the exclusive right to produce and sell alcoholic beverages. In the 19th century, however, these rights, together with the serfdom, became a relic of a bygone era, having no place in the existing social and legal system, which ultimately led to its abolition. The article presents research problems related to the propination rights in Galicia. The first part of the article presents the definition and nature of propination in Poland, its connection to the feudal system and the phenomenon of forced propination. The second part of the article discusses the propination rights in Galicia during the first half of the 19th century, taking into account social, political and legal factors. It presents the issue of propination during the period of Galician autonomy in the second half of the 19th century as well. This part includes also issues of competent authorities and the ultimate abolition of these rights on the basis of the Act of December 30, 1875, and the Act of April 22, 1889.
Aleksandra Bagieńska-Masiota
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 487-510
https://doi.org/10.4467/20844131KS.23.041.19035The article presents the views of the legal doctrine and the discussion concerning the attempts to extend the legal regulation of artistic performances in Poland in the period after World War II, including the discussions in the Sejm of the first and second term in the early 1990s, accompanying the enactment of the currently binding Act on Copyright and Related Rights. During this period, many bills – the first ones from the 1960s and 1970s – failed to be translated into the language of the current legislation. In the period immediately after World War II, the doctrine took the position that the protection of performers could be derived from the provisions protecting the creators themselves. In practice, however, protection was implemented through the provisions of civil law and labour law. It was only after the change of the social and political system in Poland in 1989 that the work of the Sejm of successive terms of office led to the enactment of legislation protecting the rights of performers.
Konrad Graczyk
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 511-531
https://doi.org/10.4467/20844131KS.23.042.19036The article concerns the activities of the Special Court in Ternopil (Sondergericht Tarnopol), one of the German special courts operating in the territory of the General Government, in the Galicia district, in the years 1941–1944. Investigating this topic is justified by the lack of even fragmentary findings. Due to the state of preservation of the sources, I tried to answer the question about the nationality of the defendants; what punishments they received; if and in what cases the death penalty was imposed; who directed the work of the Sondergericht; what judges were its members and what prosecutors participated in the hearings before the Sondergericht; and where the lawyers involved in the work of the Sondergericht came from. The sources used in the research included archival materials (court and personal files), literature and the press. The research resulted in new, original findings regarding the Special Court in Ternopil.
Piotr Alexandrowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 533-558
https://doi.org/10.4467/20844131KS.23.043.19037The review essay of the book on quinque compilationes antiquae by Krzysztof Burczak offers a critique of the scope and method applied to the research on the sources of medieval canon law within this monograph. The two objectives or hypotheses of the book are too broad and were not properly justified. The research was based on limited and outdated methods. The approach to the sources of quinque compilationes did not take into account the complicated history of the transmission of canon law texts. The author overlooked the relevance of the science of canon law (e.g., glosses) and application of compilations in courts which were crucial for defending his claims. Unfortunately, the book proves that the state and quality of the history of universal canon law in Poland resembles the emperor’s new clothes.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 559-591
https://doi.org/10.4467/20844131KS.23.044.19038When Poland regained independence in 1918, the different legal systems of the various partitioning states all remained in force on its territory. Drafts of uniform laws were to be drawn up by the Codification Commission established in 1919. One of its tasks was the preparation of a draft of the family and guardianship law. The sub-commission addressing this division of civil law worked until the outbreak of World War Two. The minutes of its sittings disappeared in September 1939 along with the total output of the Codification Commission. However, copies of minutes of the sittings of the subcommission held in 1939 were found in Kazimierz Przybyłowski’s collection of books donated to the Faculty of Law and Administration of University of Silesia in Katowice. These minutes shed new light on the final phase of the codification works. Publication of these documents will enable further detailed research on the history of family law in interwar Poland. The fourth part of the publication consists of minutes nos. 197–201, and includes the reconstruction of articles 1–16, 40–58, and the draft of articles 59–78a as well
Krzysztof Amielańczyk
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 593-601
https://doi.org/10.4467/20844131KS.23.045.19039Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 4, Volume 16 (2023), pp. 603-609
https://doi.org/10.4467/20844131KS.23.046.19040Publication date: 2023
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
The publication was funded by the Faculty of Law and Administration of the Jagiellonian University granted within the Priority Research Area Heritage under the program “Excellence Initiative – Research University” at the Jagiellonian University in Krakow.
The journal was supported by the Minister of Education and Science under the programme „Development of scientific journals” for the years 2023–2024 (contract no. RCN/SP/0307/2021/1).
In 2023 the journal was supported by Grupa Azoty ZAK S.A.
Cover design: Paweł Bigos.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 1-20
https://doi.org/10.4467/20844131KS.23.033.18855The article presents the image of an attorney as characterized in Old Polish literature from the 16th and 17th centuries. It reflected, to some extent, the attitude of the people of the time (primarily the nobility) towards the legal profession. There is no doubt that the perception of attorneys by Old Polish society was unequivocally negative. They were portrayed as greedy, dishonest men, liars with no respect for the law and even instigators of non-compliance with the law. Literary works and political writings broadly condemned such behaviors. However, this stereotype applied only to professional attorneys-at-law. By no means were non-professional agents (attorneys in fact) attacked, nor was the institution of the power of attorney itself criticized. It seems that this sort of critical attitude was not estate-based (many attorneys were noblemen), although it is possible that the low descent of lawyers influenced the virulence of the criticism. The paper attempts to answer the question as to what extent the literary image of an attorney corresponded to reality. It seems that the works comprised objective reflections on the legal profession and the emotional attitudes of individuals (including the authors themselves) or social groups. It is noteworthy that these pieces of literature often regarded the entire Polish legal system of the time as dysfunctional. Nevertheless, the recurrence of motifs such as greediness or dishonesty gives reason to believe that at least some of these allegations were not unfounded. At the same time, it should be noted that this image of a lawyer corresponded with the stereotype present in European and non-European culture from antiquity to contemporary times.
Marcin Konarski
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 21-47
https://doi.org/10.4467/20844131KS.23.034.18856The subject of the analysis concerns one of the administrative-legal aspects related to military requisitions in the period of the Duchy of Warsaw, namely, the claims of the population resulting from unsatisfied dues for war requisitions and material losses in households which occurred as a result of military operations conducted on Polish soil in the early 19th century. In light of the regulations adopted by the authorities of the Duchy of Warsaw, these claims were to be settled in the manner indicated, while future public burdens were to be settled on the basis of the principle of equity in the form of co-equation, i.e. the equalization of duties for the benefit of the army. The Central Liquidation Commission – the state body appointed to carry out the liquidation of claims – was established in 1808. Its main duty was to carry out activities such as the receipt, consideration and determination of claims against the State Treasury.
Michał Gałędek
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 49-63
https://doi.org/10.4467/20844131KS.23.035.18857The article focuses on the problem of using legal heritage based on the example of the Constitution of 3 May 1791. This issue is considered in relation to two selected moments in the history of the Congress Kingdom of Poland – 1814/1815 and 1831. What connects them and, at the same time, makes them unique periods in the political and constitutional history of Polish territories under the partitions is the relative freedom the Polish elites had in their right to decide on the constitutional foundations of their own statehood. In 1814/1815, Prince Adam Jerzy Czartoryski was granted the emperor’s consent to prepare a draft which, after corrections, became the basis of the Constitutional Act granted by Alexander I on November 27, 1815. Similarly, in 1831, after the dethronement of Tsar Nicholas I, the insurgent elites were free to embark on an unfettered constitutional debate on the systemic reform of the state. Both in 1814/1815 and in 1831, Polish political and intellectual elites faced a dilemma as to whether the Constitution of 3 May could serve mainly as a monument to and symbol of Polish history, or whether it still had the potential to be directly applied; and if so, then to what extent and under what conditions? The publication is devoted to exploring the answers to these questions.
Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 65-83
https://doi.org/10.4467/20844131KS.23.036.18858The Springtime of Nations in Germany is mostly associated with the views of various moderate liberals who played leading roles during these revolutionary events. The case is different when it comes to the members of the most radical wing within the liberal movement, the so-called “democrats.” Their ideas are described far less frequently. The article presented analyzes the idea of human rights in the view of Gustav Struve – one of the most important figures in the German democratic movement. During the German Springtime of Nations, the notion of human rights was one of the most frequently discussed but also variably understood problems. G. Struve’s views regarding this question refer not only to the idea of human rights, they also form a kind of political manifesto including solutions for various problems encountered by average citizens along with suggestions concerning an equitable structure of the social order. These postulates were revolutionary and radical but often incoherent. Thus, they fit well into the characteristics of the whole German democratic movement in the first half of the 19th century, which was seen as an unpopular, unsystematic, eclectic and immature phenomenon. The article first describes G. Struve’s life in the context of various events of the German Springtime of Nations. Subsequently, it analyzes the notion of the human being, his functioning in the social community and the definition of his rights. The article ends with an analysis of the material content of the concept of human rights in the view of the described German radical.
Łukasz Jakubiak
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 85-104
https://doi.org/10.4467/20844131KS.23.037.18859The paper deals with two different political interpretations of presidential power under the Third and Fifth French Republics, which clearly changed the position of the head of state in relation to the letter of constitutional acts that were in force at the time. Both of these interpretations were imposed by the presidents in office in the first years after the proper structures of the system of government had been established. The former (commonly known as the “Grévy Constitution”) led to the weakening of presidential power, and the latter (described as the “de Gaulle Constitution”) to its strengthening. Particular attention is thus paid to the formation of such particular unwritten norms of constitutional law in rationalized and non-rationalized parliamentary systems. In both cases, their basic feature turned out to be the ability to significantly modify the parliamentary system of government. In the last part of the paper, the stability and durability of the above-mentioned political interpretations of the aforementioned Constitutions are discussed. It is indicated that, in both cases, there were attempts to challenge these non-codified standards. Although the causes of such actions were different from each other, neither brought any meaningful success.
Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 105-119
https://doi.org/10.4467/20844131KS.23.038.18860In his monumental non-fiction book, The Gulag Archipelago, Nobel Prize-winning author Alexandr Solzhenitsyn illustrates real events in Soviet labor camps in literary form. The depiction of EVIL is shocking. The totalitarian Soviet regime subjected millions of people to a horrific fate. As is generally well-known, A. Solzhenitsyn spent eight years in a Soviet concentration camp. Mass terror was the essence of Soviet totalitarianism. A. Solzhenitsyn included a lecture on Soviet criminal law in his book, stressing the importance of Article 58 of the Criminal Code of the Russian Soviet Federative Socialist Republic of the Soviet Union in authorizing this terrorism. Solzhenitsyn himself was not a lawyer. However, his conclusions were very accurate. Article 58 of the Criminal Code, which consisted of seventeen paragraphs, defined “counter-revolutionary offenses”. They were obviously punished most severely. Article 58 became a weapon of terror for the Soviet authorities, who used it to convict millions of innocent people.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 1-20
https://doi.org/10.4467/20844131KS.23.033.18855The article presents the image of an attorney as characterized in Old Polish literature from the 16th and 17th centuries. It reflected, to some extent, the attitude of the people of the time (primarily the nobility) towards the legal profession. There is no doubt that the perception of attorneys by Old Polish society was unequivocally negative. They were portrayed as greedy, dishonest men, liars with no respect for the law and even instigators of non-compliance with the law. Literary works and political writings broadly condemned such behaviors. However, this stereotype applied only to professional attorneys-at-law. By no means were non-professional agents (attorneys in fact) attacked, nor was the institution of the power of attorney itself criticized. It seems that this sort of critical attitude was not estate-based (many attorneys were noblemen), although it is possible that the low descent of lawyers influenced the virulence of the criticism. The paper attempts to answer the question as to what extent the literary image of an attorney corresponded to reality. It seems that the works comprised objective reflections on the legal profession and the emotional attitudes of individuals (including the authors themselves) or social groups. It is noteworthy that these pieces of literature often regarded the entire Polish legal system of the time as dysfunctional. Nevertheless, the recurrence of motifs such as greediness or dishonesty gives reason to believe that at least some of these allegations were not unfounded. At the same time, it should be noted that this image of a lawyer corresponded with the stereotype present in European and non-European culture from antiquity to contemporary times.
Marcin Konarski
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 21-47
https://doi.org/10.4467/20844131KS.23.034.18856The subject of the analysis concerns one of the administrative-legal aspects related to military requisitions in the period of the Duchy of Warsaw, namely, the claims of the population resulting from unsatisfied dues for war requisitions and material losses in households which occurred as a result of military operations conducted on Polish soil in the early 19th century. In light of the regulations adopted by the authorities of the Duchy of Warsaw, these claims were to be settled in the manner indicated, while future public burdens were to be settled on the basis of the principle of equity in the form of co-equation, i.e. the equalization of duties for the benefit of the army. The Central Liquidation Commission – the state body appointed to carry out the liquidation of claims – was established in 1808. Its main duty was to carry out activities such as the receipt, consideration and determination of claims against the State Treasury.
Michał Gałędek
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 49-63
https://doi.org/10.4467/20844131KS.23.035.18857The article focuses on the problem of using legal heritage based on the example of the Constitution of 3 May 1791. This issue is considered in relation to two selected moments in the history of the Congress Kingdom of Poland – 1814/1815 and 1831. What connects them and, at the same time, makes them unique periods in the political and constitutional history of Polish territories under the partitions is the relative freedom the Polish elites had in their right to decide on the constitutional foundations of their own statehood. In 1814/1815, Prince Adam Jerzy Czartoryski was granted the emperor’s consent to prepare a draft which, after corrections, became the basis of the Constitutional Act granted by Alexander I on November 27, 1815. Similarly, in 1831, after the dethronement of Tsar Nicholas I, the insurgent elites were free to embark on an unfettered constitutional debate on the systemic reform of the state. Both in 1814/1815 and in 1831, Polish political and intellectual elites faced a dilemma as to whether the Constitution of 3 May could serve mainly as a monument to and symbol of Polish history, or whether it still had the potential to be directly applied; and if so, then to what extent and under what conditions? The publication is devoted to exploring the answers to these questions.
Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 65-83
https://doi.org/10.4467/20844131KS.23.036.18858The Springtime of Nations in Germany is mostly associated with the views of various moderate liberals who played leading roles during these revolutionary events. The case is different when it comes to the members of the most radical wing within the liberal movement, the so-called “democrats.” Their ideas are described far less frequently. The article presented analyzes the idea of human rights in the view of Gustav Struve – one of the most important figures in the German democratic movement. During the German Springtime of Nations, the notion of human rights was one of the most frequently discussed but also variably understood problems. G. Struve’s views regarding this question refer not only to the idea of human rights, they also form a kind of political manifesto including solutions for various problems encountered by average citizens along with suggestions concerning an equitable structure of the social order. These postulates were revolutionary and radical but often incoherent. Thus, they fit well into the characteristics of the whole German democratic movement in the first half of the 19th century, which was seen as an unpopular, unsystematic, eclectic and immature phenomenon. The article first describes G. Struve’s life in the context of various events of the German Springtime of Nations. Subsequently, it analyzes the notion of the human being, his functioning in the social community and the definition of his rights. The article ends with an analysis of the material content of the concept of human rights in the view of the described German radical.
Łukasz Jakubiak
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 85-104
https://doi.org/10.4467/20844131KS.23.037.18859The paper deals with two different political interpretations of presidential power under the Third and Fifth French Republics, which clearly changed the position of the head of state in relation to the letter of constitutional acts that were in force at the time. Both of these interpretations were imposed by the presidents in office in the first years after the proper structures of the system of government had been established. The former (commonly known as the “Grévy Constitution”) led to the weakening of presidential power, and the latter (described as the “de Gaulle Constitution”) to its strengthening. Particular attention is thus paid to the formation of such particular unwritten norms of constitutional law in rationalized and non-rationalized parliamentary systems. In both cases, their basic feature turned out to be the ability to significantly modify the parliamentary system of government. In the last part of the paper, the stability and durability of the above-mentioned political interpretations of the aforementioned Constitutions are discussed. It is indicated that, in both cases, there were attempts to challenge these non-codified standards. Although the causes of such actions were different from each other, neither brought any meaningful success.
Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 16, Special Issue, Volume 16 (2023), pp. 105-119
https://doi.org/10.4467/20844131KS.23.038.18860In his monumental non-fiction book, The Gulag Archipelago, Nobel Prize-winning author Alexandr Solzhenitsyn illustrates real events in Soviet labor camps in literary form. The depiction of EVIL is shocking. The totalitarian Soviet regime subjected millions of people to a horrific fate. As is generally well-known, A. Solzhenitsyn spent eight years in a Soviet concentration camp. Mass terror was the essence of Soviet totalitarianism. A. Solzhenitsyn included a lecture on Soviet criminal law in his book, stressing the importance of Article 58 of the Criminal Code of the Russian Soviet Federative Socialist Republic of the Soviet Union in authorizing this terrorism. Solzhenitsyn himself was not a lawyer. However, his conclusions were very accurate. Article 58 of the Criminal Code, which consisted of seventeen paragraphs, defined “counter-revolutionary offenses”. They were obviously punished most severely. Article 58 became a weapon of terror for the Soviet authorities, who used it to convict millions of innocent people.
Publication date: 2023
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
The publication was funded by the Faculty of Law and Administration of the Jagiellonian University granted within the Priority Research Area Heritage under the program “Excellence Initiative – Research University” at the Jagiellonian University in Krakow.
The journal was supported by the Minister of Education and Science under the programme „Development of scientific journals” for the years 2023–2024 (contract no. RCN/SP/0307/2021/1).
In 2023 the journal was supported by Grupa Azoty ZAK S.A.
Cover design: Paweł Bigos.
Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 283-296
https://doi.org/10.4467/20844131KS.23.020.18384When Ronald Dworkin used the metaphor of Hercules as a judge, he referred to the centuries-old heritage of European thought and its sources in Greek culture. The reference to the figure of a well-known, archetypal hero brought Dworkin’s concept of a judge-interpreter closer to modern readers. It also proved that ancient models, affecting the imagination, still play an important educational role. In this text, however, Dworkin’s choice of hero is questioned. Dworkin seems to see Heracles through post-Platonic and Stoic lenses, quite differently than the hero was presented in myths. This paper aims to present the broader educational value of heroes and myths. Following Dworkin’s example, an alternative is proposed: Theseus of Athens, most widely known for his victory over the Minotaur. However, the article draws attention to the lesser-known part of his biography, which is his qualities as a leader and king of Athens. The analysis of the character of Theseus based on available literary sources will make it possible to observe the desired characteristics of a leader and his relationship with the society within a state considered democratic. It aims to demonstrate that power, authority, and democracy are not set in an antagonistic triangle but rather complement each other. At the same time, it also points to the constant relevance of the myth, which, thanks to its continuous impact on the imagination, can serve as an important educational tool also in modern times – just as it was used by Dworkin.
Maksymilian Del Mar
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 297-316
https://doi.org/10.4467/20844131KS.23.021.18385This paper examines certain history-making and memory-making practices that allow us to see how the past may be animated. These practices are: first, the Ancient Greek sophistic arts, as exemplified by Gorgias’s Encomium of Helen, and as revived, in dialogue form, in Renaissance humanism; and second, Ancient Greek, Ancient Roman, and medieval memory arts, with particular attention to the composite generative imagery of those arts. Animating the past – as these practices of history-making and memory-making do – is of great epistemic and political value to communities: it enables acts of argument and judgement, and, more generally, it is vital for vibrant democracies. The paper signals, albeit only briefly, how these practices are also intertwined with legal history, and in particular the history of legal reasoning, suggesting some ways forward, in future work, for investigating the entangled histories of history-making, memory-making, and law-making.
Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 317-330
https://doi.org/10.4467/20844131KS.23.022.18386The aim of this article is to present how heterodox, Christological constructions, arising from the controversies surrounding Chalcedonian dogma, existed in the 10th and 11th centuries in Western political thought. These constructions are described from two perspectives that were especially important for shaping the political doctrine of German emperors. Firstly, the illustration of the Aachen Gospels is mentioned because it symbolically contains the principles of the political theology of the Ottonian Empire. Secondly, the views of the Norman Anonymous, who wrote during times of intensified Caesarean propaganda in connection with the dispute with the papacy that took place in the 11th century, are analysed
Marcin Niemczyk
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 331-347
https://doi.org/10.4467/20844131KS.23.023.18387The legacy of legal-political ideologists is seldom used as an element of argumentation in court. The situation is different in proceedings focussing on political crimes, in particular, the trials taking place in disruptive moments of history. One of such moments was the period after Poland regained independence, when the Soviet Union posed not only a military threat, but also one of doctrinal influence. The objective of the paper was to verify the hypothesis that the trial of communists which took place in Lwów in late 1922 / early 1923 (known as the St. Jura trial) was significant not only in terms of its legal-criminal aspects, but was also important from a historical and doctrinal perspective. The verification of the hypothesis was based on the analysis of court speeches, especially their elements including references to the legacy of legal-political ideas. Additionally, the paper presents legal-political ideas as highly argumentative material that may be, and perhaps should be, used in legal practice today.
Rafał Kania
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 349-371
https://doi.org/10.4467/20844131KS.23.024.18388The end of World War II entailed numerous social problems, one of which was the shortage of housing to meet the basic living needs of Polish society. The communists, who were then taking over political power in Poland, faced a challenge of finding a quick solution to the problem. They were hampered in this regard since they could only use methods which were consistent with Marxism-Leninism ideology. The article presents the legal and ideological basis of the Polish Communists’ housing policy in the early existence of the People’s Poland.
Ewa Kozerska, Tomasz Scheffler
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 373-398
https://doi.org/10.4467/20844131KS.23.025.18389The issues of “war” and “peace” are a constant aspect of Pope Francis’ teaching. The aim of this paper is to determine whether Francis’ stance on war is a continuation of the hitherto realistic view of this phenomenon found in the teaching of the Catholic Church or whether it has come closer to idealistic notions. The research focuses mainly on an exegesis of the statements of Jorge Mario Bergoglio (Pope Francis) and to a lesser extent an interpretation of his actions and omissions. We conclude that, in the case of the current pope’s teaching, we are dealing with a modification of the approach to war and peace adopted in the doctrine of the Roman Catholic Church, consisting in the formal acceptance of the idea of a „just war” combined, however, with the imposition of important limitations on it. Similarly to apologists of pacifist humanism, Francis demonstrates an optimistic belief in the possibility of building a world order without violence. Significantly, he attempts to combine the promotion of pacifist ideals with an appeal to Christian moral principles. This rather intellectually daring ideological juxtaposition, freely treating both historical circumstances and contemporary events, provides Francis with a starting point for analysing and assessing the current destabilisation of the world order in international relations. In our view, Francis assumes that the main contemporary sources of war lead to human exclusion (in various aspects of existence) and the degradation of nature. For Francis, therefore, the vindication of a state of peace and thus the unconditional abandonment of war depends directly on the quality of life of the human race and the connected capacity of the ecosphere. At the same time, Francis avoids recognising Russia as a state that has attacked another state (Ukraine). This, and the avoidance of drawing consequences from the assumption of man’s original sin-contaminated nature, makes Francis’ teaching on war internally incoherent.
Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 399-412
https://doi.org/10.4467/20844131KS.23.026.18390The transcription form this debate was prepared by Dr. Anna Ceglarska (Department of the History of Political and Legal Doctrines), and published in Cracow Studies of Constitutional and Legal History 15, issue 4 (2022): 625–43.
Ana Luiza Ferreira Gomes Silva
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 413-417
https://doi.org/10.4467/20844131KS.23.027.18391Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 419-422
https://doi.org/10.4467/20844131KS.23.028.18392Balázs Rigó
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 423-438
https://doi.org/10.4467/20844131KS.23.029.18393Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 439-440
https://doi.org/10.4467/20844131KS.23.030.18394Adriana Švecová, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 441-446
https://doi.org/10.4467/20844131KS.23.031.18395Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 447-448
https://doi.org/10.4467/20844131KS.23.032.18396Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 283-296
https://doi.org/10.4467/20844131KS.23.020.18384When Ronald Dworkin used the metaphor of Hercules as a judge, he referred to the centuries-old heritage of European thought and its sources in Greek culture. The reference to the figure of a well-known, archetypal hero brought Dworkin’s concept of a judge-interpreter closer to modern readers. It also proved that ancient models, affecting the imagination, still play an important educational role. In this text, however, Dworkin’s choice of hero is questioned. Dworkin seems to see Heracles through post-Platonic and Stoic lenses, quite differently than the hero was presented in myths. This paper aims to present the broader educational value of heroes and myths. Following Dworkin’s example, an alternative is proposed: Theseus of Athens, most widely known for his victory over the Minotaur. However, the article draws attention to the lesser-known part of his biography, which is his qualities as a leader and king of Athens. The analysis of the character of Theseus based on available literary sources will make it possible to observe the desired characteristics of a leader and his relationship with the society within a state considered democratic. It aims to demonstrate that power, authority, and democracy are not set in an antagonistic triangle but rather complement each other. At the same time, it also points to the constant relevance of the myth, which, thanks to its continuous impact on the imagination, can serve as an important educational tool also in modern times – just as it was used by Dworkin.
Maksymilian Del Mar
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 297-316
https://doi.org/10.4467/20844131KS.23.021.18385This paper examines certain history-making and memory-making practices that allow us to see how the past may be animated. These practices are: first, the Ancient Greek sophistic arts, as exemplified by Gorgias’s Encomium of Helen, and as revived, in dialogue form, in Renaissance humanism; and second, Ancient Greek, Ancient Roman, and medieval memory arts, with particular attention to the composite generative imagery of those arts. Animating the past – as these practices of history-making and memory-making do – is of great epistemic and political value to communities: it enables acts of argument and judgement, and, more generally, it is vital for vibrant democracies. The paper signals, albeit only briefly, how these practices are also intertwined with legal history, and in particular the history of legal reasoning, suggesting some ways forward, in future work, for investigating the entangled histories of history-making, memory-making, and law-making.
Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 317-330
https://doi.org/10.4467/20844131KS.23.022.18386The aim of this article is to present how heterodox, Christological constructions, arising from the controversies surrounding Chalcedonian dogma, existed in the 10th and 11th centuries in Western political thought. These constructions are described from two perspectives that were especially important for shaping the political doctrine of German emperors. Firstly, the illustration of the Aachen Gospels is mentioned because it symbolically contains the principles of the political theology of the Ottonian Empire. Secondly, the views of the Norman Anonymous, who wrote during times of intensified Caesarean propaganda in connection with the dispute with the papacy that took place in the 11th century, are analysed
Marcin Niemczyk
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 331-347
https://doi.org/10.4467/20844131KS.23.023.18387The legacy of legal-political ideologists is seldom used as an element of argumentation in court. The situation is different in proceedings focussing on political crimes, in particular, the trials taking place in disruptive moments of history. One of such moments was the period after Poland regained independence, when the Soviet Union posed not only a military threat, but also one of doctrinal influence. The objective of the paper was to verify the hypothesis that the trial of communists which took place in Lwów in late 1922 / early 1923 (known as the St. Jura trial) was significant not only in terms of its legal-criminal aspects, but was also important from a historical and doctrinal perspective. The verification of the hypothesis was based on the analysis of court speeches, especially their elements including references to the legacy of legal-political ideas. Additionally, the paper presents legal-political ideas as highly argumentative material that may be, and perhaps should be, used in legal practice today.
Rafał Kania
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 349-371
https://doi.org/10.4467/20844131KS.23.024.18388The end of World War II entailed numerous social problems, one of which was the shortage of housing to meet the basic living needs of Polish society. The communists, who were then taking over political power in Poland, faced a challenge of finding a quick solution to the problem. They were hampered in this regard since they could only use methods which were consistent with Marxism-Leninism ideology. The article presents the legal and ideological basis of the Polish Communists’ housing policy in the early existence of the People’s Poland.
Ewa Kozerska, Tomasz Scheffler
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 373-398
https://doi.org/10.4467/20844131KS.23.025.18389The issues of “war” and “peace” are a constant aspect of Pope Francis’ teaching. The aim of this paper is to determine whether Francis’ stance on war is a continuation of the hitherto realistic view of this phenomenon found in the teaching of the Catholic Church or whether it has come closer to idealistic notions. The research focuses mainly on an exegesis of the statements of Jorge Mario Bergoglio (Pope Francis) and to a lesser extent an interpretation of his actions and omissions. We conclude that, in the case of the current pope’s teaching, we are dealing with a modification of the approach to war and peace adopted in the doctrine of the Roman Catholic Church, consisting in the formal acceptance of the idea of a „just war” combined, however, with the imposition of important limitations on it. Similarly to apologists of pacifist humanism, Francis demonstrates an optimistic belief in the possibility of building a world order without violence. Significantly, he attempts to combine the promotion of pacifist ideals with an appeal to Christian moral principles. This rather intellectually daring ideological juxtaposition, freely treating both historical circumstances and contemporary events, provides Francis with a starting point for analysing and assessing the current destabilisation of the world order in international relations. In our view, Francis assumes that the main contemporary sources of war lead to human exclusion (in various aspects of existence) and the degradation of nature. For Francis, therefore, the vindication of a state of peace and thus the unconditional abandonment of war depends directly on the quality of life of the human race and the connected capacity of the ecosphere. At the same time, Francis avoids recognising Russia as a state that has attacked another state (Ukraine). This, and the avoidance of drawing consequences from the assumption of man’s original sin-contaminated nature, makes Francis’ teaching on war internally incoherent.
Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 399-412
https://doi.org/10.4467/20844131KS.23.026.18390The transcription form this debate was prepared by Dr. Anna Ceglarska (Department of the History of Political and Legal Doctrines), and published in Cracow Studies of Constitutional and Legal History 15, issue 4 (2022): 625–43.
Ana Luiza Ferreira Gomes Silva
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 413-417
https://doi.org/10.4467/20844131KS.23.027.18391Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 419-422
https://doi.org/10.4467/20844131KS.23.028.18392Balázs Rigó
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 423-438
https://doi.org/10.4467/20844131KS.23.029.18393Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 439-440
https://doi.org/10.4467/20844131KS.23.030.18394Adriana Švecová, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 441-446
https://doi.org/10.4467/20844131KS.23.031.18395Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 3, Volume 16 (2023), pp. 447-448
https://doi.org/10.4467/20844131KS.23.032.18396Publication date: 30.06.2023
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
The publication was funded by the Faculty of Law and Administration of the Jagiellonian University granted within the Priority Research Area Heritage under the program “Excellence Initiative –Research University”at the Jagiellonian University in Kraków.
The journal was supported by the Minister of Education and Science under the programme “Development of scientific journals”for the years 2023–2024 (agreement no. RCN/SP/0307/2021/1).
In 2023 the journal was supported by Grupa Azoty ZAK S.A.
Cover design: Paweł Bigos.
James Gordley
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 163-180
https://doi.org/10.4467/20844131KS.23.012.17830French jurists have thought that their Civil Code expresses an individualism characteristic of the ideals of the French Revolution and the principles of liberalism. Property was regarded as a right of the owner that was unlimited in principle. Contract was defined in terms of the will of the parties to contract on whatever terms they chose. The drafters of the Code, however, were among the last adherents of an older natural law tradition in which the rights of an owner were limited by the purposes for which property rights were created, and the terms of a contract must be just. This article describes the drafter’s debt to that tradition and how it was ignored by jurists in the 19th century.
Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 181-201
https://doi.org/10.4467/20844131KS.23.013.17831The article is the second part of the work devoted to the academic profile and views of Jan Kanty Rzesiński – a Cracovian lawyer who was vigorously engaged in research on Roman law, Polish legal history, and legal philosophy in the first half of the 19th century. Despite his academic interests, J.K. Rzesiński was not working at the Faculty of Law of the Jagiellonian University for most of the time. In the first part of the article, the author discussed J.K. Rzesiński’s curriculum vitae and his works on Roman law. The objective of this the second part of the article, is to examine those of remaining literary works that dealt with law (the translation of Processus iuris civilis Cracoviensis, articles on obstagium in lieu of securing creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) as well as his views against the epoch and the Cracovian academic milieu.
Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 203-235
https://doi.org/10.4467/20844131KS.23.014.17832The article – divided into four sections – is centered around the implementation of the provisions of the Constitution of the Republic of Poland of 17 March 1921 in the area of the administration of justice. The first section discusses the work on a draft constitution carried out between 1917 and 1921, with particular focus on the judiciary. The second analyses the content of the provisions of the Constitution referring to the administration of justice. The third deals with the judicature. In this section, the author discusses the organisation and work of, among others: the State Tribunal, the Supreme Administrative Tribunal, the Competence Tribunal, and courts of common pleas, paying particular attention to the unimplemented norms of the Constitution – mainly the failure to establish administrative courts of different instances with the participation of citizens, and the absence of citizens serving as justices of the peace or jurors. Two issues played important roles in the implementation of constitutional norms regarding the administration of justice. The first was the political situation in Poland after the 1926 May Coup. The second was the amendments to the Constitution introduced in connection with the entry into force of the 1926 “August Amendment”, that gave the President of the Republic of Poland the power to promulgate ordinances having the legal effect of legislative acts. This allowed the Polish government of that time to carry out, to a great extent, a standardisation of the courts of common pleas, which was accomplished by promulgation of the Ordinance of the President of the Republic of Poland of 6 February 1928 – the Act on the Organisation of Courts of Common Pleas. Additionally, between 1929 and 1932 the government embarked on an extensive program of dismissing existing judges and appointing new ones. Importantly, this was accompanied by a change in the line of jurisprudence of the Supreme Court and the Supreme Administrative Tribunal, according to which courts lost their authority to examine the constitutionality of ordinances promulgated by the President of the Republic of Poland. In the final section of the article – the summary – the author notes that the implementation of the norms of the Constitution concerning the administration of justice was, to a great extent, non-existent, given the political situation after the May Coup. It further points out that the same was also true in the period between 1944 and 1952, during which the basic principles of the Constitution of 17 March 1921 applied.
Aleksandra Bagieńska-Masiota
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 237-248
https://doi.org/10.4467/20844131KS.23.015.17833The article presents the views of the legal doctrine and the discussions related to attempts to bring artistic performances under legal regulation, from 1918 to 1945. Between 1918 and 1945 an artistic performance draft law was created. However, the bill never became law due to a lack of support from the legal community. The actual protection of rights in regard to artistic performances was provided by the provisions of copyright law.
Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 249-262
https://doi.org/10.4467/20844131KS.23.016.17834In Tomasz Banach’s interesting and useful monograph on the promises of debt relief (tabulae novae) with which Catiline tried to win the favour of Roman society, the reader can find statements in which the author expresses powerful opposition to some „Marxist” and „neoliberal” tendencies. Unfortunately, the author does not explain what he understands by the term “Marxism”, nor does he cite academic literature to define the characteristics of a „Marxist Catiline”. This is a mistake, because the views of Polish representatives of Marxist doctrine regarding the figure and achievements of Catiline, are analogous to those of Tomasz Banach.
Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 263-273
https://doi.org/10.4467/20844131KS.23.017.17835The article is a review of the monograph entitled Bildung und Demokratie in der Weimarer Republik, published by Franz Steiner Verlag in 2022. This monograph is an effect of the academic conference “Bildung und Demokratie”, that took place in 2020 and was organized by the Weimar Republic Research Institution of the Friedrich Schiller University of Jena and Weimarer Republik e. V. The editors of the reviewed monograph, namely Andreas Braune, Sebastian Elsbach, and Ronny Noak, are renowned scholars specializing in problematics of the Weimar Republic. This review article contains a short de- scription and evaluation of all sixteen chapters published together as a monograph. As a whole, they refer to a wide spectrum of subjects. However, their common ground is the question of the education of both youth and adults on the subjects of democracy and republicanism during the period of the Weimar Republic. All issues raised in the monograph are also analysed in the context of the very complex political reality of Weimar Germany. The article ends with general remarks on the problematics discussed in the monograph.
Norbert Varga, Benedek Varga
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 275-278
https://doi.org/10.4467/20844131KS.23.018.17836Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 279-282
https://doi.org/10.4467/20844131KS.23.019.17837James Gordley
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 163-180
https://doi.org/10.4467/20844131KS.23.012.17830French jurists have thought that their Civil Code expresses an individualism characteristic of the ideals of the French Revolution and the principles of liberalism. Property was regarded as a right of the owner that was unlimited in principle. Contract was defined in terms of the will of the parties to contract on whatever terms they chose. The drafters of the Code, however, were among the last adherents of an older natural law tradition in which the rights of an owner were limited by the purposes for which property rights were created, and the terms of a contract must be just. This article describes the drafter’s debt to that tradition and how it was ignored by jurists in the 19th century.
Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 181-201
https://doi.org/10.4467/20844131KS.23.013.17831The article is the second part of the work devoted to the academic profile and views of Jan Kanty Rzesiński – a Cracovian lawyer who was vigorously engaged in research on Roman law, Polish legal history, and legal philosophy in the first half of the 19th century. Despite his academic interests, J.K. Rzesiński was not working at the Faculty of Law of the Jagiellonian University for most of the time. In the first part of the article, the author discussed J.K. Rzesiński’s curriculum vitae and his works on Roman law. The objective of this the second part of the article, is to examine those of remaining literary works that dealt with law (the translation of Processus iuris civilis Cracoviensis, articles on obstagium in lieu of securing creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) as well as his views against the epoch and the Cracovian academic milieu.
Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 203-235
https://doi.org/10.4467/20844131KS.23.014.17832The article – divided into four sections – is centered around the implementation of the provisions of the Constitution of the Republic of Poland of 17 March 1921 in the area of the administration of justice. The first section discusses the work on a draft constitution carried out between 1917 and 1921, with particular focus on the judiciary. The second analyses the content of the provisions of the Constitution referring to the administration of justice. The third deals with the judicature. In this section, the author discusses the organisation and work of, among others: the State Tribunal, the Supreme Administrative Tribunal, the Competence Tribunal, and courts of common pleas, paying particular attention to the unimplemented norms of the Constitution – mainly the failure to establish administrative courts of different instances with the participation of citizens, and the absence of citizens serving as justices of the peace or jurors. Two issues played important roles in the implementation of constitutional norms regarding the administration of justice. The first was the political situation in Poland after the 1926 May Coup. The second was the amendments to the Constitution introduced in connection with the entry into force of the 1926 “August Amendment”, that gave the President of the Republic of Poland the power to promulgate ordinances having the legal effect of legislative acts. This allowed the Polish government of that time to carry out, to a great extent, a standardisation of the courts of common pleas, which was accomplished by promulgation of the Ordinance of the President of the Republic of Poland of 6 February 1928 – the Act on the Organisation of Courts of Common Pleas. Additionally, between 1929 and 1932 the government embarked on an extensive program of dismissing existing judges and appointing new ones. Importantly, this was accompanied by a change in the line of jurisprudence of the Supreme Court and the Supreme Administrative Tribunal, according to which courts lost their authority to examine the constitutionality of ordinances promulgated by the President of the Republic of Poland. In the final section of the article – the summary – the author notes that the implementation of the norms of the Constitution concerning the administration of justice was, to a great extent, non-existent, given the political situation after the May Coup. It further points out that the same was also true in the period between 1944 and 1952, during which the basic principles of the Constitution of 17 March 1921 applied.
Aleksandra Bagieńska-Masiota
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 237-248
https://doi.org/10.4467/20844131KS.23.015.17833The article presents the views of the legal doctrine and the discussions related to attempts to bring artistic performances under legal regulation, from 1918 to 1945. Between 1918 and 1945 an artistic performance draft law was created. However, the bill never became law due to a lack of support from the legal community. The actual protection of rights in regard to artistic performances was provided by the provisions of copyright law.
Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 249-262
https://doi.org/10.4467/20844131KS.23.016.17834In Tomasz Banach’s interesting and useful monograph on the promises of debt relief (tabulae novae) with which Catiline tried to win the favour of Roman society, the reader can find statements in which the author expresses powerful opposition to some „Marxist” and „neoliberal” tendencies. Unfortunately, the author does not explain what he understands by the term “Marxism”, nor does he cite academic literature to define the characteristics of a „Marxist Catiline”. This is a mistake, because the views of Polish representatives of Marxist doctrine regarding the figure and achievements of Catiline, are analogous to those of Tomasz Banach.
Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 263-273
https://doi.org/10.4467/20844131KS.23.017.17835The article is a review of the monograph entitled Bildung und Demokratie in der Weimarer Republik, published by Franz Steiner Verlag in 2022. This monograph is an effect of the academic conference “Bildung und Demokratie”, that took place in 2020 and was organized by the Weimar Republic Research Institution of the Friedrich Schiller University of Jena and Weimarer Republik e. V. The editors of the reviewed monograph, namely Andreas Braune, Sebastian Elsbach, and Ronny Noak, are renowned scholars specializing in problematics of the Weimar Republic. This review article contains a short de- scription and evaluation of all sixteen chapters published together as a monograph. As a whole, they refer to a wide spectrum of subjects. However, their common ground is the question of the education of both youth and adults on the subjects of democracy and republicanism during the period of the Weimar Republic. All issues raised in the monograph are also analysed in the context of the very complex political reality of Weimar Germany. The article ends with general remarks on the problematics discussed in the monograph.
Norbert Varga, Benedek Varga
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 275-278
https://doi.org/10.4467/20844131KS.23.018.17836Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 2, Volume 16 (2023), pp. 279-282
https://doi.org/10.4467/20844131KS.23.019.17837Publication date: 31.03.2023
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
The publication was funded by the Faculty of Law and Administration of the Jagiellonian University granted within the Priority Research Area Heritage under the program “Excellence Initiative” at the Jagiellonian University in Krakow.
The journal was supported by the Minister of Education and Science under the programme "Development of scientific journals" for the years 2023-2024 (agreement no. RCN/SP/0307/2021/1).
In 2023 the journal was supported by Grupa Azoty ZAK S.A.
Cover design: Paweł Bigos.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 1-20
https://doi.org/10.4467/20844131KS.23.001.17301The article presents the image of an attorney as characterized in Old Polish literature of the 16th and 17th centuries. It reflected, to some extent, the attitude of the people of the time (primarily the nobility) towards the legal profession. There is no doubt that Old Polish society’s perception of attorneys was unequivocally negative. They were portrayed as greedy, dishonest men, liars with no respect for the law, and even instigators of non-compliance with the law. Literary works and political writings broadly condemned such behaviors. However, this stereotype applied only to professional attorneys-at-law. By no means were non-professional agents (attorneys-in-fact) attacked, nor was the institution of the power of attorney itself criticized. It seems that this sort of critical attitude was not estate-based (lots of attorneys were noblemen), although it is possible that the low descent of lawyers influenced the virulence of the criticism. The paper attempts to answer the question as to what extent the literary image of an attorney corresponded to reality. It seems that the works comprised objective reflections on the legal profession and the emotional attitudes of individuals (including authors themselves) or social groups. It is noteworthy that these pieces of literature often regarded the entire Polish legal system of the time as dysfunctional. Nevertheless, the recurrence of motifs such as greediness or dishonesty gives reason to believe that at least some of these allegations were not unfounded. At the same time, it should be noted er corresponded with the stereotype present in European and non-European culture from antiquity to contemporary times.
Marcin Konarski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 21-47
https://doi.org/10.4467/20844131KS.23.002.17302The subject of the analysis concerns one of the administrative-legal aspects related to military requisitions in the period of the Duchy of Warsaw, namely, the claims of the population resulting from unsatisfied dues for war requisitions and material losses in households which occurred as a result of military operations conducted on Polish soil in the early 19th century. In light of the regulations adopted by the authorities of the Duchy of Warsaw, these claims were to be settled in the manner indicated, while future public burdens were to be settled on the basis of the principle of equity in the form of co-equation, i.e. the equalisation of duties for the benefit of the army. The Central Liquidation Commission – the state body appointed to carry out the liquidation of claims – was established in 1808. Its main duty was to carry out activities such as the receipt, consideration, and determination of claims against the State Treasury.
Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 49-65
https://doi.org/10.4467/20844131KS.23.003.17303Jan Kanty Rzesiński was an active member of the Cracovian intellectual elite of the first half of the 19th century. However, his research activities, as well as his literary works, are mostly forgotten today. It is primarily a consequence of the fact that although Rzesiński many times sought employment at Jagiellonian University, he was finally hired as a professor there only in the last years of his life. Rzesiński’s academic career at first covered Roman law studies, but in its later stages he focused on the problems of Polish legal history, as well as the philosophy of law. In terms of the views presented, he can be labeled as one of the first Polish propagators of the Historical School of Jurisprudence. He was not, however, an uncritical apologist of the school, rather he was engaged in the discussion of its goals and methods of legal research. The article is divided into two parts. The first one covers Rzesiński’s academic curriculum vitae, as well as an analysis of his works related to Roman law: his doctoral the- sis regarding the calculation of interest in Roman law, his translation into Polish of Edward Gibbon’s Chapter 44 presenting the history of Roman law, as well as the translation of Eduard Gans’ work about Gaius’ Institutions. The second part of the article that will be published in the next issue of Cracow Studies of Constitutional and Legal History (2023) concerns Rzesiński’s remaining literary activity, which was related to both law (the translation of Processus iuris civilis Cracoviensis, articles on the law of quartering in lieu of securing the creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) and his views against the contemporary society and the Cracovian academic milieu.
Tomasz Szczygieł
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 67-86
https://doi.org/10.4467/20844131KS.23.004.17304The paper presents the course of the discussion of Edmund Krzymuski’s essay on crimes against life and health, which took place as part of the Section of Substantive Criminal Law of the Codification Commission of the Republic of Poland in June 24–27, 1920. The article focuses on the main threads of the referent’s questionnaire and is devoted i.a., to the crimes of murder, bodily harm, incitement to suicide, or the killing of a fetus. The work highlights both Krzymuski’s proposals, as well as different concepts supported by other members of the Section, which were included in the draft criminal code of 1932. That discussion was significant because most of these solutions are still in force today in the Polish legal system. The article also attempts to answer whether the circumstances related to the referent’s proposals could have influenced his decision to resign from further work within the Substantive Criminal Law Section of the Codification Commission of the Republic of Poland.
Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 87-110
https://doi.org/10.4467/20844131KS.23.005.17305An article is devoted to what is a crucial problem for every historian of the 19th and 20th centuries – historical rules of archival appraisal, that is, the determination as to which records that were created for practical reasons and current activities of state institutions in the past, should be protected permanently because of their historical value. The author focuses on criminal court records in light of the Polish interwar rules enacted by the Justice Minister in 1937. The mentioned regulation was the first on an analyzed matter in Polish legal tradition. It set the essential criteria and mechanisms for court records archival appraisal, also adopted in later rules on this topic from 1975, 1989, and 2004 (the latest remains in force to the present). Beyond this the author tries to explain why, in 1937, the Polish Ministry established rules that intended to permanently protect only a few groups of criminal court records as being historically valuable. He mainly analyzes the primary regulation draft from January of 1937, which intended to cover more groups of criminal court records for permanent archival protection. The paper tries to establish the reasons as to why those propositions were rejected. In the end, the author purposes to set in motion a discussion of the consequences that resulted from rules adopted in 1937 for current legal-historical or historical-criminological research.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 111-142
https://doi.org/10.4467/20844131KS.23.006.17306When Poland regained independence in 1918, the different legal systems of the various partitioning states all remained in force on its territory. Drafts of uniform laws were to be drawn up by the Codification Commission established in 1919. One of its tasks was the preparation of a draft of the family and guardianship law. The sub-commission addressing this division of civil law worked until the outbreak of World War Two. The minutes of its sittings disappeared in September 1939 along with the total output of the Codification Commission. However, copies of minutes of the sittings of the subcommission held in 1939 were found in Kazimierz Przybyłowski’s collection of books donated to the Faculty of Law and Administration of University of Silesia in Katowice. These minutes shed new light on the final phase of the codification works. Publication of these documents will enable further detailed research on the history of family law in interwar Poland. The third part of the publication consists of minutes nos. 190–196.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 143-144
https://doi.org/10.4467/20844131KS.23.007.17307Michał P. Sadłowski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 145-146
https://doi.org/10.4467/20844131KS.23.008.17308Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 147-151
https://doi.org/10.4467/20844131KS.23.009.17309Filip Olszówka
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 153-157
https://doi.org/10.4467/20844131KS.23.010.17310Marta Brodziak
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 159-162
https://doi.org/10.4467/20844131KS.23.011.17311Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 1-20
https://doi.org/10.4467/20844131KS.23.001.17301The article presents the image of an attorney as characterized in Old Polish literature of the 16th and 17th centuries. It reflected, to some extent, the attitude of the people of the time (primarily the nobility) towards the legal profession. There is no doubt that Old Polish society’s perception of attorneys was unequivocally negative. They were portrayed as greedy, dishonest men, liars with no respect for the law, and even instigators of non-compliance with the law. Literary works and political writings broadly condemned such behaviors. However, this stereotype applied only to professional attorneys-at-law. By no means were non-professional agents (attorneys-in-fact) attacked, nor was the institution of the power of attorney itself criticized. It seems that this sort of critical attitude was not estate-based (lots of attorneys were noblemen), although it is possible that the low descent of lawyers influenced the virulence of the criticism. The paper attempts to answer the question as to what extent the literary image of an attorney corresponded to reality. It seems that the works comprised objective reflections on the legal profession and the emotional attitudes of individuals (including authors themselves) or social groups. It is noteworthy that these pieces of literature often regarded the entire Polish legal system of the time as dysfunctional. Nevertheless, the recurrence of motifs such as greediness or dishonesty gives reason to believe that at least some of these allegations were not unfounded. At the same time, it should be noted er corresponded with the stereotype present in European and non-European culture from antiquity to contemporary times.
Marcin Konarski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 21-47
https://doi.org/10.4467/20844131KS.23.002.17302The subject of the analysis concerns one of the administrative-legal aspects related to military requisitions in the period of the Duchy of Warsaw, namely, the claims of the population resulting from unsatisfied dues for war requisitions and material losses in households which occurred as a result of military operations conducted on Polish soil in the early 19th century. In light of the regulations adopted by the authorities of the Duchy of Warsaw, these claims were to be settled in the manner indicated, while future public burdens were to be settled on the basis of the principle of equity in the form of co-equation, i.e. the equalisation of duties for the benefit of the army. The Central Liquidation Commission – the state body appointed to carry out the liquidation of claims – was established in 1808. Its main duty was to carry out activities such as the receipt, consideration, and determination of claims against the State Treasury.
Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 49-65
https://doi.org/10.4467/20844131KS.23.003.17303Jan Kanty Rzesiński was an active member of the Cracovian intellectual elite of the first half of the 19th century. However, his research activities, as well as his literary works, are mostly forgotten today. It is primarily a consequence of the fact that although Rzesiński many times sought employment at Jagiellonian University, he was finally hired as a professor there only in the last years of his life. Rzesiński’s academic career at first covered Roman law studies, but in its later stages he focused on the problems of Polish legal history, as well as the philosophy of law. In terms of the views presented, he can be labeled as one of the first Polish propagators of the Historical School of Jurisprudence. He was not, however, an uncritical apologist of the school, rather he was engaged in the discussion of its goals and methods of legal research. The article is divided into two parts. The first one covers Rzesiński’s academic curriculum vitae, as well as an analysis of his works related to Roman law: his doctoral the- sis regarding the calculation of interest in Roman law, his translation into Polish of Edward Gibbon’s Chapter 44 presenting the history of Roman law, as well as the translation of Eduard Gans’ work about Gaius’ Institutions. The second part of the article that will be published in the next issue of Cracow Studies of Constitutional and Legal History (2023) concerns Rzesiński’s remaining literary activity, which was related to both law (the translation of Processus iuris civilis Cracoviensis, articles on the law of quartering in lieu of securing the creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) and his views against the contemporary society and the Cracovian academic milieu.
Tomasz Szczygieł
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 67-86
https://doi.org/10.4467/20844131KS.23.004.17304The paper presents the course of the discussion of Edmund Krzymuski’s essay on crimes against life and health, which took place as part of the Section of Substantive Criminal Law of the Codification Commission of the Republic of Poland in June 24–27, 1920. The article focuses on the main threads of the referent’s questionnaire and is devoted i.a., to the crimes of murder, bodily harm, incitement to suicide, or the killing of a fetus. The work highlights both Krzymuski’s proposals, as well as different concepts supported by other members of the Section, which were included in the draft criminal code of 1932. That discussion was significant because most of these solutions are still in force today in the Polish legal system. The article also attempts to answer whether the circumstances related to the referent’s proposals could have influenced his decision to resign from further work within the Substantive Criminal Law Section of the Codification Commission of the Republic of Poland.
Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 87-110
https://doi.org/10.4467/20844131KS.23.005.17305An article is devoted to what is a crucial problem for every historian of the 19th and 20th centuries – historical rules of archival appraisal, that is, the determination as to which records that were created for practical reasons and current activities of state institutions in the past, should be protected permanently because of their historical value. The author focuses on criminal court records in light of the Polish interwar rules enacted by the Justice Minister in 1937. The mentioned regulation was the first on an analyzed matter in Polish legal tradition. It set the essential criteria and mechanisms for court records archival appraisal, also adopted in later rules on this topic from 1975, 1989, and 2004 (the latest remains in force to the present). Beyond this the author tries to explain why, in 1937, the Polish Ministry established rules that intended to permanently protect only a few groups of criminal court records as being historically valuable. He mainly analyzes the primary regulation draft from January of 1937, which intended to cover more groups of criminal court records for permanent archival protection. The paper tries to establish the reasons as to why those propositions were rejected. In the end, the author purposes to set in motion a discussion of the consequences that resulted from rules adopted in 1937 for current legal-historical or historical-criminological research.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 111-142
https://doi.org/10.4467/20844131KS.23.006.17306When Poland regained independence in 1918, the different legal systems of the various partitioning states all remained in force on its territory. Drafts of uniform laws were to be drawn up by the Codification Commission established in 1919. One of its tasks was the preparation of a draft of the family and guardianship law. The sub-commission addressing this division of civil law worked until the outbreak of World War Two. The minutes of its sittings disappeared in September 1939 along with the total output of the Codification Commission. However, copies of minutes of the sittings of the subcommission held in 1939 were found in Kazimierz Przybyłowski’s collection of books donated to the Faculty of Law and Administration of University of Silesia in Katowice. These minutes shed new light on the final phase of the codification works. Publication of these documents will enable further detailed research on the history of family law in interwar Poland. The third part of the publication consists of minutes nos. 190–196.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 143-144
https://doi.org/10.4467/20844131KS.23.007.17307Michał P. Sadłowski
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 145-146
https://doi.org/10.4467/20844131KS.23.008.17308Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 147-151
https://doi.org/10.4467/20844131KS.23.009.17309Filip Olszówka
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 153-157
https://doi.org/10.4467/20844131KS.23.010.17310Marta Brodziak
Cracow Studies of Constitutional and Legal History, Volume 16, Issue 1, Volume 16 (2023), pp. 159-162
https://doi.org/10.4467/20844131KS.23.011.17311Publication date: 2022
Editors of the Issue 4: Kacper Górski, Maciej Mikuła
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Cover design: Paweł Bigos
Michał Gałędek
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 505-518
https://doi.org/10.4467/20844131KS.22.036.16733The article focuses on the problem of using the legal heritage based on the example of the May Third Constitution. This issue is considered in relation to two selected moments in the history of the Congress Kingdom of Poland – 1814/1815 and 1831. What connects them, and at the same time makes them unique periods in the political and constitutional history of Polish territories under the partitions, is the relative freedom the Polish elites had in their right to decide on the constitutional foundations of their own statehood. In 1814/1815, Prince Adam Jerzy Czartoryski was granted the emperor’s consent to prepare a draft which, after corrections, became the basis of the Constitutional Act granted by Alexander I. Similarly in 1831, after the dethronement of Tsar Nicholas I, the insurgent elites were free to embark on an unfettered constitutional debate on the systemic reform of the state. Both in 1814/1815 and in 1831, Polish political and intellectual elites faced a dilemma as to whether the May Third Constitution could serve mainly as a monument and symbol of Polish history, or whether it still had the potential to be directly applied; and if so, then to what extent and under what conditions. The publication is devoted to exploring answers to these questions.
Justyna Bieda
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 519-536
https://doi.org/10.4467/20844131KS.22.037.16734The idea of granting the Simple Police Courts the authority to arrest dates back to the times of the Duchy of Warsaw, when in response to the postulates published in penitentiary journals, an attempt was made to create a more extensive system of detention centers. Precise definition of the role of these units in the penitentiary system of the Kingdom of Poland is not easy, due to terminological and practical problems, in contrast with detention and police arrests. Initially, these centers were intended for detainees under an elementary investigation. Although this was their basic role throughout the existence of the Kingdom of Poland, over the years, either by decisions of governmental bodies, or as a result of developed practice, they began to perform additional functions. First of all, people sentenced to short-term imprisonment were allowed to be placed in detention facilities, which was mainly due to the need to reduce both costs and the overcrowding of domestic prisons. From 1837, people arrested or sentenced during transport were placed in detention centers, due to the lack of suitable premises for organizing separate transport stations. The difficult reality faced by lower-level administrative authorities meant that, despite the lack of appropriate regulations, persons subject to extradition or hiding from the military census, and even insolvent debtors, were placed in detention.
Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 537-556
https://doi.org/10.4467/20844131KS.22.038.16735The Springtime of Nations in Germany is mostly associated with the views of various moderate liber- als, who played leading roles during these revolutionary events. The case is different when it comes to the members of the most radical wing within the liberal movement, the so called “democrats”. Their ideas are described far less frequently. The article presented analyzes the idea of human rights in the views of Gustav Struve – one of the most important figures in the German democratic movement. During the German Springtime of Nations, the notion of human rights was one of the most frequently discussed but also variably understood problems. Struve’s views regarding this question refer not only to the idea of human rights, they also form a kind of political manifesto including solutions for various problems encountered by average citizens along with suggestions concerning an equitable structure of thesocial order. These postulates were revolutionary and radical, but often incoherent. Hence they fit well into the characteristics of the whole German democratic movement in the first half of the 19th century, which was seen as an unpopular, unsystematic, eclectic, and immature phenomenon. The ar- ticle first describes Struve’s life in the context of various events of the German Springtime of Nations. Subsequently, it analyzes the notion of the human being, his functioning in the social community, and the definition of his rights. The article ends with an analysis of the material content of the concept of human rights in the views of the described German radical.
Łukasz Jakubiak
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 557-576
https://doi.org/10.4467/20844131KS.22.039.16736The paper deals with two different political interpretations of presidential power under the Third and Fifth French Republics, which clearly changed the position of the head of state in relation to the letter of constitutional acts that were in force at the time. Both of these interpretations were im- posed by the presidents in office in the first years after the proper structures of the system of gov- ernment had been established. The former (commonly known as the “Grévy constitution”) led to the weakening of presidential power, and the latter (described as the “de Gaulle constitution”) to its strengthening. Particular attention is thus paid to the formation of such particular unwritten norms of constitutional law in rationalized and non-rationalized parliamentary systems. In both cases, their basic feature turned out to be the ability to significantly modify the parliamentary system of gov- ernment. In the last part of the paper, the stability and durability of the above-mentioned political interpretations of the aforementioned constitutions are discussed. It is indicated that in both cases there were attempts to challenge these non-codified standards. Although the causes of such actions were different from each other, neither brought any meaningful success.
Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 577-591
https://doi.org/10.4467/20844131KS.22.040.16737In his monumental non-fiction book, The Gulag Archipelago, Nobel Prize winning author Alexandr Solzhenitsyn illustrates real events in Soviet labor camps in literary form. The depiction of EVIL is shocking. The totalitarian Soviet regime subjected millions of people to a horrific fate. As is gener- ally well-known, Solzhenitsyn spent eight years in a Soviet concentration camp. Mass terror was the essence of Soviet totalitarianism. Solzhenitsyn included a lecture on Soviet criminal law in his book, stressing the importance of Article 58 of the Criminal Code of the Russian Soviet Federative Socialist Republic of the Soviet Union in authorizing this terrorism. Solzhenitsyn himself was not a lawyer. However, his conclusions were very accurate. Article 58 of the Criminal Code, which consisted of seventeen paragraphs, defined “counter-revolutionary offenses”. They were obviously punished most rticle 58 became a weapon of terror for the Soviet authorities, who used it convict millions of innocent people.
Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 593-614
https://doi.org/10.4467/20844131KS.22.041.16738One of the most important tasks facing the Codification Commission established in 1919 was to regulate the issue of matrimonial property law. The work of the Commission on that issue, which in essence started with its inauguration, was terminated abruptly in 1920. After a thirteen-year hiatus, the debate resumed and resulted in the draft matrimonial property law of 1937, which was adopted on its first reading by the sub-commission on matrimonial property law. The second reading started on 1 April 1938, however, the effects of the work of the sub-commission were previously unknown. This historical source edition sheds a completely new light on that issue. It contains yet unknown draft regulations (from Art. 1 to Art. 99 of the draft) adopted on second reading of the matrimonial property law in 1938–1939. The publication of this source will therefore be of great importance in the context of further research on the history of family law in interwar Poland.
Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 615-616
https://doi.org/10.4467/20844131KS.22.042.16739Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 617-619
https://doi.org/10.4467/20844131KS.22.043.16740Jan Halberda, Maciej Mikuła, Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 621-624
https://doi.org/10.4467/20844131KS.22.044.16741Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 625-643
https://doi.org/10.4467/20844131KS.22.053.17488Anna Pikulska-Radomska
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 645-647
https://doi.org/10.4467/20844131KS.22.045.16742Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 649-653
https://doi.org/10.4467/20844131KS.22.046.16743Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 655-658
https://doi.org/10.4467/20844131KS.22.047.16744Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 659-665
https://doi.org/10.4467/20844131KS.22.048.16745Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 667-670
https://doi.org/10.4467/20844131KS.22.049.16746Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 671-675
https://doi.org/10.4467/20844131KS.22.050.16747Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 677-682
https://doi.org/10.4467/20844131KS.22.051.16748Marek Stus
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 683-685
https://doi.org/10.4467/20844131KS.22.052.16749Michał Gałędek
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 505-518
https://doi.org/10.4467/20844131KS.22.036.16733The article focuses on the problem of using the legal heritage based on the example of the May Third Constitution. This issue is considered in relation to two selected moments in the history of the Congress Kingdom of Poland – 1814/1815 and 1831. What connects them, and at the same time makes them unique periods in the political and constitutional history of Polish territories under the partitions, is the relative freedom the Polish elites had in their right to decide on the constitutional foundations of their own statehood. In 1814/1815, Prince Adam Jerzy Czartoryski was granted the emperor’s consent to prepare a draft which, after corrections, became the basis of the Constitutional Act granted by Alexander I. Similarly in 1831, after the dethronement of Tsar Nicholas I, the insurgent elites were free to embark on an unfettered constitutional debate on the systemic reform of the state. Both in 1814/1815 and in 1831, Polish political and intellectual elites faced a dilemma as to whether the May Third Constitution could serve mainly as a monument and symbol of Polish history, or whether it still had the potential to be directly applied; and if so, then to what extent and under what conditions. The publication is devoted to exploring answers to these questions.
Justyna Bieda
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 519-536
https://doi.org/10.4467/20844131KS.22.037.16734The idea of granting the Simple Police Courts the authority to arrest dates back to the times of the Duchy of Warsaw, when in response to the postulates published in penitentiary journals, an attempt was made to create a more extensive system of detention centers. Precise definition of the role of these units in the penitentiary system of the Kingdom of Poland is not easy, due to terminological and practical problems, in contrast with detention and police arrests. Initially, these centers were intended for detainees under an elementary investigation. Although this was their basic role throughout the existence of the Kingdom of Poland, over the years, either by decisions of governmental bodies, or as a result of developed practice, they began to perform additional functions. First of all, people sentenced to short-term imprisonment were allowed to be placed in detention facilities, which was mainly due to the need to reduce both costs and the overcrowding of domestic prisons. From 1837, people arrested or sentenced during transport were placed in detention centers, due to the lack of suitable premises for organizing separate transport stations. The difficult reality faced by lower-level administrative authorities meant that, despite the lack of appropriate regulations, persons subject to extradition or hiding from the military census, and even insolvent debtors, were placed in detention.
Paweł Lesiński
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 537-556
https://doi.org/10.4467/20844131KS.22.038.16735The Springtime of Nations in Germany is mostly associated with the views of various moderate liber- als, who played leading roles during these revolutionary events. The case is different when it comes to the members of the most radical wing within the liberal movement, the so called “democrats”. Their ideas are described far less frequently. The article presented analyzes the idea of human rights in the views of Gustav Struve – one of the most important figures in the German democratic movement. During the German Springtime of Nations, the notion of human rights was one of the most frequently discussed but also variably understood problems. Struve’s views regarding this question refer not only to the idea of human rights, they also form a kind of political manifesto including solutions for various problems encountered by average citizens along with suggestions concerning an equitable structure of thesocial order. These postulates were revolutionary and radical, but often incoherent. Hence they fit well into the characteristics of the whole German democratic movement in the first half of the 19th century, which was seen as an unpopular, unsystematic, eclectic, and immature phenomenon. The ar- ticle first describes Struve’s life in the context of various events of the German Springtime of Nations. Subsequently, it analyzes the notion of the human being, his functioning in the social community, and the definition of his rights. The article ends with an analysis of the material content of the concept of human rights in the views of the described German radical.
Łukasz Jakubiak
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 557-576
https://doi.org/10.4467/20844131KS.22.039.16736The paper deals with two different political interpretations of presidential power under the Third and Fifth French Republics, which clearly changed the position of the head of state in relation to the letter of constitutional acts that were in force at the time. Both of these interpretations were im- posed by the presidents in office in the first years after the proper structures of the system of gov- ernment had been established. The former (commonly known as the “Grévy constitution”) led to the weakening of presidential power, and the latter (described as the “de Gaulle constitution”) to its strengthening. Particular attention is thus paid to the formation of such particular unwritten norms of constitutional law in rationalized and non-rationalized parliamentary systems. In both cases, their basic feature turned out to be the ability to significantly modify the parliamentary system of gov- ernment. In the last part of the paper, the stability and durability of the above-mentioned political interpretations of the aforementioned constitutions are discussed. It is indicated that in both cases there were attempts to challenge these non-codified standards. Although the causes of such actions were different from each other, neither brought any meaningful success.
Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 577-591
https://doi.org/10.4467/20844131KS.22.040.16737In his monumental non-fiction book, The Gulag Archipelago, Nobel Prize winning author Alexandr Solzhenitsyn illustrates real events in Soviet labor camps in literary form. The depiction of EVIL is shocking. The totalitarian Soviet regime subjected millions of people to a horrific fate. As is gener- ally well-known, Solzhenitsyn spent eight years in a Soviet concentration camp. Mass terror was the essence of Soviet totalitarianism. Solzhenitsyn included a lecture on Soviet criminal law in his book, stressing the importance of Article 58 of the Criminal Code of the Russian Soviet Federative Socialist Republic of the Soviet Union in authorizing this terrorism. Solzhenitsyn himself was not a lawyer. However, his conclusions were very accurate. Article 58 of the Criminal Code, which consisted of seventeen paragraphs, defined “counter-revolutionary offenses”. They were obviously punished most rticle 58 became a weapon of terror for the Soviet authorities, who used it convict millions of innocent people.
Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 593-614
https://doi.org/10.4467/20844131KS.22.041.16738One of the most important tasks facing the Codification Commission established in 1919 was to regulate the issue of matrimonial property law. The work of the Commission on that issue, which in essence started with its inauguration, was terminated abruptly in 1920. After a thirteen-year hiatus, the debate resumed and resulted in the draft matrimonial property law of 1937, which was adopted on its first reading by the sub-commission on matrimonial property law. The second reading started on 1 April 1938, however, the effects of the work of the sub-commission were previously unknown. This historical source edition sheds a completely new light on that issue. It contains yet unknown draft regulations (from Art. 1 to Art. 99 of the draft) adopted on second reading of the matrimonial property law in 1938–1939. The publication of this source will therefore be of great importance in the context of further research on the history of family law in interwar Poland.
Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 615-616
https://doi.org/10.4467/20844131KS.22.042.16739Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 617-619
https://doi.org/10.4467/20844131KS.22.043.16740Jan Halberda, Maciej Mikuła, Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 621-624
https://doi.org/10.4467/20844131KS.22.044.16741Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 625-643
https://doi.org/10.4467/20844131KS.22.053.17488Anna Pikulska-Radomska
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 645-647
https://doi.org/10.4467/20844131KS.22.045.16742Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 649-653
https://doi.org/10.4467/20844131KS.22.046.16743Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 655-658
https://doi.org/10.4467/20844131KS.22.047.16744Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 659-665
https://doi.org/10.4467/20844131KS.22.048.16745Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 667-670
https://doi.org/10.4467/20844131KS.22.049.16746Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 671-675
https://doi.org/10.4467/20844131KS.22.050.16747Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 677-682
https://doi.org/10.4467/20844131KS.22.051.16748Marek Stus
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 683-685
https://doi.org/10.4467/20844131KS.22.052.16749Publication date: 10.2022
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
Paweł Wiązek
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 353-367
https://doi.org/10.4467/20844131KS.22.024.16172The author endeavored to enliven the universal discourse on the perfect system of government applicable to human society, which to many luminaries constitutes a certain paradigm of the science on the state and the law. While adopting a classical, chronological convention of the narrative herein commenced, the author made the time of Antiquity the point of departure, selected the Enlightenment as a form of a modern counterpoint thereto, and then finalized the deliberations carried out here against the reality of contemporary times. The intent of the exploration here was to place the research subject within the interdisciplinary framework, which was undoubtedly supported by the multifaceted nature of the problem at issue and by subsidiary utilization of the advantages of the comparative approach. The intention to present the issue through a broad perspective, transcending the boundaries of academic discourse, was naturally convergent therewith. As a result, the author did not shy from controversy, seeking the purpose of the actions undertaken, thereby in the formation of conclusions on what the applicable law should be. That allowed for the presentation of numerous remarks, assessments, and opinions, among which at least some may be deemed disputatious or plainly speaking, highly debatable. The investigator did not attempt to evade those; on the contrary – sought it in complete premeditation.