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.
* Artykuł został opracowany w ramach projektu badawczego finansowanego przez Narodowe Centrum Nauki (2020/39/B/HS5/02111).
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.
* Praca powstała w wyniku realizacji projektu badawczego o nr 2020/36/C/HS5/00365 finansowanego ze środków Narodowego Centrum Nauki.
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.
* Artykuł został opracowany w ramach projektu badawczego finansowanego przez Narodowe Centrum Nauki (2020/39/B/HS5/02111).
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.
* Praca powstała w wyniku realizacji projektu badawczego o nr 2020/36/C/HS5/00365 finansowanego ze środków Narodowego Centrum Nauki.
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2023. See Górski, “Wizerunek pełnomocnika procesowego”. The original article was prepared on the basis of materials collected and compiled during the implementation of the project “Starosta krakowski jako organ sądownictwa w pierwszej połowie XVII wieku” (The Captain of Kraków as a Judicial Body in the First Half of the 17th Century), financed by the Minister of Science and Higher Education under the “Diamond Grant” program, No. DI2013 000543.
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Konarski, “Komisja Centralna Likwidacyjna.”
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Gałędek, “Czy Konstytucja 3 maja.” The publication was prepared as part of the project “Dispute over the interpretation of the constitution of Kingdom of Poland as a formative element of Polish political liberalism”, financed by the National Science Centre (Narodowe Centrum Nauki) on the basis of agreements no. UMO-2018/29/B/HS5/01165.
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See Lesiński, “«Wohlstand, Bildung und Freiheit für Alle.»Idea praw człowieka.”
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.
This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Jakubiak, “«Konstytucja Grévy’ego»i «konstytucja de Gaulle’a».”
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.
This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Lityński, “Sowieckie prawo karne”.
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2023. See Górski, “Wizerunek pełnomocnika procesowego”. The original article was prepared on the basis of materials collected and compiled during the implementation of the project “Starosta krakowski jako organ sądownictwa w pierwszej połowie XVII wieku” (The Captain of Kraków as a Judicial Body in the First Half of the 17th Century), financed by the Minister of Science and Higher Education under the “Diamond Grant” program, No. DI2013 000543.
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Konarski, “Komisja Centralna Likwidacyjna.”
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Gałędek, “Czy Konstytucja 3 maja.” The publication was prepared as part of the project “Dispute over the interpretation of the constitution of Kingdom of Poland as a formative element of Polish political liberalism”, financed by the National Science Centre (Narodowe Centrum Nauki) on the basis of agreements no. UMO-2018/29/B/HS5/01165.
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.
* This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See Lesiński, “«Wohlstand, Bildung und Freiheit für Alle.»Idea praw człowieka.”
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.
This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Jakubiak, “«Konstytucja Grévy’ego»i «konstytucja de Gaulle’a».”
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.
This article is an English translation of the paper published in Polish in Cracow Studies of Constitutional and Legal History in 2022. See: Lityński, “Sowieckie prawo karne”.
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.
* This research was funded in whole or in part by „National Science Centre, Poland”, MINIATURA-5, grant no. 2021/05/X/HS5/00293.
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.
* This research was funded in whole or in part by „National Science Centre, Poland”, MINIATURA-5, grant no. 2021/05/X/HS5/00293.
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.
* Artykuł stanowi rozszerzoną wersję wystąpienia autora na konferencji pt. „Tradycje ustrojowe II Rzeczypospolitej. W stulecie Konstytucji marcowej”, która odbyła się w dniach 5–6 października 2021 r. Konferencję zorganizował Wydział Prawa i Administracji Uniwersytetu Jagiellońskiego w Krakowie.
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.23.019.17837* Tekst przygotowany w ramach projektu „Uregulowania prawne relacji pomiędzy dziedzicami a chłopami na centralnych ziemiach polskich w okresie od zniesienia poddaństwa do uwłaszczenia”, finansowanego przez Narodowe Centrum Nauki (UMO-2018/31/B/HS5/00315).
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.
* Artykuł stanowi rozszerzoną wersję wystąpienia autora na konferencji pt. „Tradycje ustrojowe II Rzeczypospolitej. W stulecie Konstytucji marcowej”, która odbyła się w dniach 5–6 października 2021 r. Konferencję zorganizował Wydział Prawa i Administracji Uniwersytetu Jagiellońskiego w Krakowie.
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.23.019.17837* Tekst przygotowany w ramach projektu „Uregulowania prawne relacji pomiędzy dziedzicami a chłopami na centralnych ziemiach polskich w okresie od zniesienia poddaństwa do uwłaszczenia”, finansowanego przez Narodowe Centrum Nauki (UMO-2018/31/B/HS5/00315).
Publication 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.
* Artykuł został przygotowany na podstawie materiałów zgromadzonych i opracowanych podczas realizacji projektu „Starosta krakowski jako organ sądownictwa w pierwszej połowie XVII wieku” sfinansowanego przez Ministra Nauki i Szkolnictwa Wyższego (obecnie Ministra Edukacji i Nauki) w ramach programu „Diamentowy Grant”, nr DI2013 000543.
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.23.009.17309* Artykuł został przygotowany w ramach projektu badawczego „Prawo własności w orzecznictwie sądów Wolnego Miasta Krakowa. Z dziejów stosowania Kodeksu Napoleona”, sfinansowanego przez Narodowe Centrum Nauki, nr umowy 2017/27/B/HS5/01308.
Filip 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.
* Artykuł został przygotowany na podstawie materiałów zgromadzonych i opracowanych podczas realizacji projektu „Starosta krakowski jako organ sądownictwa w pierwszej połowie XVII wieku” sfinansowanego przez Ministra Nauki i Szkolnictwa Wyższego (obecnie Ministra Edukacji i Nauki) w ramach programu „Diamentowy Grant”, nr DI2013 000543.
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.23.009.17309* Artykuł został przygotowany w ramach projektu badawczego „Prawo własności w orzecznictwie sądów Wolnego Miasta Krakowa. Z dziejów stosowania Kodeksu Napoleona”, sfinansowanego przez Narodowe Centrum Nauki, nr umowy 2017/27/B/HS5/01308.
Filip 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.
* Publikacja przygotowana w ramach projektu „Spór o wykładnię konstytucji Królestwa Polskiego jako formatyw polskiego liberalizmu politycznego” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2018/29/B/HS5/01165
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.22.044.16741
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 625 - 643
https://doi.org/10.4467/20844131KS.22.053.17488Transkrypcja: Anna Ceglarska
Anna 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.22.046.16743* Artykuł został przygotowany w ramach projektu badawczego „Prawo własności w orzecznictwie sądów Wolnego Miasta Krakowa. Z dziejów stosowania Kodeksu Napoleona”, sfinansowanego przez Narodowe Centrum Nauki, nr umowy 2017/27/B/HS5/01308.
Piotr 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.
* Publikacja przygotowana w ramach projektu „Spór o wykładnię konstytucji Królestwa Polskiego jako formatyw polskiego liberalizmu politycznego” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2018/29/B/HS5/01165
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.22.044.16741
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 4, Volume 15 (2022), pp. 625 - 643
https://doi.org/10.4467/20844131KS.22.053.17488Transkrypcja: Anna Ceglarska
Anna 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.22.046.16743* Artykuł został przygotowany w ramach projektu badawczego „Prawo własności w orzecznictwie sądów Wolnego Miasta Krakowa. Z dziejów stosowania Kodeksu Napoleona”, sfinansowanego przez Narodowe Centrum Nauki, nr umowy 2017/27/B/HS5/01308.
Piotr 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.
Tadeusz Kopyś
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 369 - 388
https://doi.org/10.4467/20844131KS.22.025.16173In Hungarian history, the Crown of St. Stephen was an important relic symbolizing the unity of the Hungarian state. It was not merely a coronation jewel or symbol of royal prerogatives, but a respected element of the country’s historic “millennial”constitution. Although the doctrine associated with it was a unique Hungarian constitutional theory, symbolizing national independence, it was flexible enough to serve various political ideas and ambitions. The Crown has always embodied the monarchical form of the Hungarian State, and its sacred character symbolized the strong alliance of the monarchy with the Catholic Church. Is this historical doctrine compatible with the values and requirements of modern Europe and the requirements of present-day Hungarian constitutionalism?
Kazimierz Baran
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 389 - 400
https://doi.org/10.4467/20844131KS.22.026.16174When in the 16th century in many European states, the monarchal power began to drift toward absolutism, the Polish-Lithuanian state evolved in its constitutionalism along the Republican lines. Its monarch could be brought to accountability for the violation of the law. Likewise, he was freely elected by the nobles and held his position for life. The nation of nobles that, by the standards of the time, made up a remarkable section of the entire population of the country was protected against the monarch’s attempts against their liberties by a series of remarkable privileges. And indeed, a noble’s property was prevented from being unreasonably confiscated. Likewise, an individual of nobiliary status could not be arbitrarily imprisoned. The representatives of nobles, while sitting in the benches of the Seym, had a considerable share in exercising the state power, particularly in the area of the law-creating process and when the imposing of tax liabilities was debated. In addition, the clauses of the Henrician Articles (1573), which were a kind of Fundamental Law of the Nobiliary Republic, guaranteed the mass of the nobles’religious toleration within the Christian denominations. The spirit of this toleration in practice also applied to the non-Christians (Jews and Muslim Tartars who inhabited the Republic).
The republican slogans that were responsible for forming a specific frame of mind of the nobles assumed a new dimension when the culture of Latinitas type began to be promoted. The latter started to develop on the occasion of the acceptance by the authorities of the Nobiliary Republic of the principles of the Council of Trent, which happened in the 1570s. The Republic remained within the Catholic Camp. From that time on, the young nobles used to be educated in numerous Jesuit colleges and had not only a fluent command of Latin but also a profound knowledge of the history and culture of antiquity. Hence, they looked at their state, the Respublica Polonorum as a successor of the late Respublica Romanorum with the virtues of the latter. These virtues, when filtered through the system of Christian values –pushed to the foreground the concern for the welfare of the motherland, support for the democratic ethos and egalitarian spirit within the nobiliary milieu, and also the willingness to defend the Christian world against the invasion of the barbarians (the concept of Antemurale).
The republican spirit survived the era of constitutional deterioration in the country that started in the mid-17th century. With the era of reforms which began in the 1760s, the constitutional improvement reached its climax in the Constitution of 3rd May 1791. Like in the British system, king was located at the position of the monarch who could do no wrong since all his executive acts required the endorsement made by the right minister. The separation of powers was emphasized. The ministers could be brought both to their political responsibility to parliament if they lost the support of the majority in the houses and also to constitutional responsibility for their contra legem acts.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 401 - 412
https://doi.org/10.4467/20844131KS.22.027.16175Hungary introduced provisions on cartels with the enactment of Act XX of 1931. To protect good morals and public interests, the Act regulated the tools of state intervention and supervision. This legal field was the summarization of the proceedings of cartel supervisory authorities, in which not only executive state bodies but also judiciary organs took part. The paper focuses on the development of the Hungarian cartel law, with special attention to the practice of the courts and the aims of the State related to the supervisory power over the cartels before the codification of the Hungarian cartel law. The main aim of the study is to put an emphasis on the tasks of the responsible Minister and the legal director, mainly by analyzing the related primary sources. The purpose of this study is also to explain the tasks of the responsible Minister after the Cartel Act came into force, and the demonstration of the practice related to the proceedings. The main question is what the functions of the supervisory authorities related to the cartels were. In connection with the legal director, I would like to illustrate his task as a representative of state interests in the mainly cartel-related lawsuits.
Michal Šejvl
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 413 - 432
https://doi.org/10.4467/20844131KS.22.028.16176The article presents an overview of the problem of fundamental rights during the First Czechoslovak Republic and focuses especially on the role played by the fundamental rights catalogue of the 1920 Czechoslovak Constitutional Charter. Section 2 presents the 1920 catalogue itself, methods of specification and of limitations of rights (usually by particular laws) and postulates continuity with pre-1918 Austrian and Hungarian law. Section 3 is dedicated to opinions of Czechoslovak legal doctrine (mainly Czech authors) on the role of the 1920 catalogue. Section 4 examines the case-law of the Supreme Administrative Court protecting fundamental rights and tries to show that some fundamental rights were applied directly by this Court and that direct application sometimes leads also to a limited form of constitutional review of pre-1918 law.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 433 - 464
https://doi.org/10.4467/20844131KS.22.029.16177When 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 sub-commission 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 second part of the publication consists of minutes nos. 183–189.
Balázs Rigó
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 465 - 479
https://doi.org/10.4467/20844131KS.22.030.16178Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 481 - 484
https://doi.org/10.4467/20844131KS.22.031.16179Adriana Švecová, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 485 - 488
https://doi.org/10.4467/20844131KS.22.032.16180Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 489 - 491
https://doi.org/10.4467/20844131KS.22.033.16181Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 493 - 503
https://doi.org/10.4467/20844131KS.22.034.16182Paweł 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.
Tadeusz Kopyś
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 369 - 388
https://doi.org/10.4467/20844131KS.22.025.16173In Hungarian history, the Crown of St. Stephen was an important relic symbolizing the unity of the Hungarian state. It was not merely a coronation jewel or symbol of royal prerogatives, but a respected element of the country’s historic “millennial”constitution. Although the doctrine associated with it was a unique Hungarian constitutional theory, symbolizing national independence, it was flexible enough to serve various political ideas and ambitions. The Crown has always embodied the monarchical form of the Hungarian State, and its sacred character symbolized the strong alliance of the monarchy with the Catholic Church. Is this historical doctrine compatible with the values and requirements of modern Europe and the requirements of present-day Hungarian constitutionalism?
Kazimierz Baran
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 389 - 400
https://doi.org/10.4467/20844131KS.22.026.16174When in the 16th century in many European states, the monarchal power began to drift toward absolutism, the Polish-Lithuanian state evolved in its constitutionalism along the Republican lines. Its monarch could be brought to accountability for the violation of the law. Likewise, he was freely elected by the nobles and held his position for life. The nation of nobles that, by the standards of the time, made up a remarkable section of the entire population of the country was protected against the monarch’s attempts against their liberties by a series of remarkable privileges. And indeed, a noble’s property was prevented from being unreasonably confiscated. Likewise, an individual of nobiliary status could not be arbitrarily imprisoned. The representatives of nobles, while sitting in the benches of the Seym, had a considerable share in exercising the state power, particularly in the area of the law-creating process and when the imposing of tax liabilities was debated. In addition, the clauses of the Henrician Articles (1573), which were a kind of Fundamental Law of the Nobiliary Republic, guaranteed the mass of the nobles’religious toleration within the Christian denominations. The spirit of this toleration in practice also applied to the non-Christians (Jews and Muslim Tartars who inhabited the Republic).
The republican slogans that were responsible for forming a specific frame of mind of the nobles assumed a new dimension when the culture of Latinitas type began to be promoted. The latter started to develop on the occasion of the acceptance by the authorities of the Nobiliary Republic of the principles of the Council of Trent, which happened in the 1570s. The Republic remained within the Catholic Camp. From that time on, the young nobles used to be educated in numerous Jesuit colleges and had not only a fluent command of Latin but also a profound knowledge of the history and culture of antiquity. Hence, they looked at their state, the Respublica Polonorum as a successor of the late Respublica Romanorum with the virtues of the latter. These virtues, when filtered through the system of Christian values –pushed to the foreground the concern for the welfare of the motherland, support for the democratic ethos and egalitarian spirit within the nobiliary milieu, and also the willingness to defend the Christian world against the invasion of the barbarians (the concept of Antemurale).
The republican spirit survived the era of constitutional deterioration in the country that started in the mid-17th century. With the era of reforms which began in the 1760s, the constitutional improvement reached its climax in the Constitution of 3rd May 1791. Like in the British system, king was located at the position of the monarch who could do no wrong since all his executive acts required the endorsement made by the right minister. The separation of powers was emphasized. The ministers could be brought both to their political responsibility to parliament if they lost the support of the majority in the houses and also to constitutional responsibility for their contra legem acts.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 401 - 412
https://doi.org/10.4467/20844131KS.22.027.16175Hungary introduced provisions on cartels with the enactment of Act XX of 1931. To protect good morals and public interests, the Act regulated the tools of state intervention and supervision. This legal field was the summarization of the proceedings of cartel supervisory authorities, in which not only executive state bodies but also judiciary organs took part. The paper focuses on the development of the Hungarian cartel law, with special attention to the practice of the courts and the aims of the State related to the supervisory power over the cartels before the codification of the Hungarian cartel law. The main aim of the study is to put an emphasis on the tasks of the responsible Minister and the legal director, mainly by analyzing the related primary sources. The purpose of this study is also to explain the tasks of the responsible Minister after the Cartel Act came into force, and the demonstration of the practice related to the proceedings. The main question is what the functions of the supervisory authorities related to the cartels were. In connection with the legal director, I would like to illustrate his task as a representative of state interests in the mainly cartel-related lawsuits.
Michal Šejvl
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 413 - 432
https://doi.org/10.4467/20844131KS.22.028.16176The article presents an overview of the problem of fundamental rights during the First Czechoslovak Republic and focuses especially on the role played by the fundamental rights catalogue of the 1920 Czechoslovak Constitutional Charter. Section 2 presents the 1920 catalogue itself, methods of specification and of limitations of rights (usually by particular laws) and postulates continuity with pre-1918 Austrian and Hungarian law. Section 3 is dedicated to opinions of Czechoslovak legal doctrine (mainly Czech authors) on the role of the 1920 catalogue. Section 4 examines the case-law of the Supreme Administrative Court protecting fundamental rights and tries to show that some fundamental rights were applied directly by this Court and that direct application sometimes leads also to a limited form of constitutional review of pre-1918 law.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 433 - 464
https://doi.org/10.4467/20844131KS.22.029.16177When 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 sub-commission 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 second part of the publication consists of minutes nos. 183–189.
Balázs Rigó
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 465 - 479
https://doi.org/10.4467/20844131KS.22.030.16178Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 481 - 484
https://doi.org/10.4467/20844131KS.22.031.16179Adriana Švecová, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 485 - 488
https://doi.org/10.4467/20844131KS.22.032.16180Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 489 - 491
https://doi.org/10.4467/20844131KS.22.033.16181Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 3, Volume 15 (2022), pp. 493 - 503
https://doi.org/10.4467/20844131KS.22.034.16182Publication date: 30.06.2022
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
Bartosz Brożek
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 175 - 177
https://doi.org/10.4467/20844131KS.22.035.16208The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Vilém Knoll , Tomáš Pezl
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 179 - 201
https://doi.org/10.4467/20844131KS.22.013.15716The paper deals with the development of law in Czechoslovakia from its inception to the existence of the so-called First Republic, focusing in particular on the development of criminal law. The primary question addressed in the paper is whether there is legal continuity with the previous Austro-Hungarian legal system. Given that there were several legal orders in force in the aftermath of the establishment of Czechoslovakia, the next necessary question is how this situation was addressed. The paper presents examples from selected areas of criminal law, such as juvenile justice, national security laws, or military criminal norms, and intends to document the main legislative trends, namely the introduction of completely new legal regulations, the adoption of the original Austrian regulation and its nationwide application, or, last but not least, the adoption of both Austrian and Hungarian regulations with their simultaneous application. The codification attempts in the Criminal Code, which were not completed in the relevant period, have not been overlooked.
Petr Dostalík
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 203 - 214
https://doi.org/10.4467/20844131KS.22.014.15717This paper concerns of the doctrine of versio in rem (or actio de in rem verso) in the legal discussion in interwar Czechoslovakia. The paper presents a brief overview of the origin and field of application of actio de in rem verso in classical Roman law and the transformation of the doctrine of versio in rem i n the frame of Corpus Iuris Civilis. The scope of the changes made by the compilers is still uncertain and was a subject of extensive discussion among the legal scholars of the 19th century. The paper describes the nature of versio in rem in the Austrian Civil Code (provision of §1041) and presents legal statements of the prominent exponents of the various legal schools of interwar Czechoslovakia, the legal traditionalists and the supporters of the School of Pure Law Theory. The doctrine of versio in rem is still in the centre of attention of the modern legal scholars in the Czech Republic. The doctrine of versio in rem was adopted in the new Czech Civil Code, but without reflecting the results of the interwar discussion.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 215 - 226
https://doi.org/10.4467/20844131KS.22.015.15718WWI significantly influenced the development of private and trade law. The regulation of economic law institutions came up as a necessity. To protect the consumers’interests, the state interfered with private law affairs and regulated sharking procedures, unfair competition and cartel law. By taking European regulation results into account, cartel regulation organisations were introduced by the Cartel Act; the most important of them was the Cartel Court. This paper shows the most important steps of the antitrust regulation in Hungary’s special attention to the relevant European cartel regulations.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 227 - 244
https://doi.org/10.4467/20844131KS.22.016.15719The First World War and the Trianon Treaty shocked the Hungarian economy. The Hungarian government implemented a payment moratorium from the start of the war, but after a one-year long moratorium, the government wanted to restore the working of the economy. But it desired to avoid the massive bankruptcies of the firms; therefore, a new institution, the compulsory non-bankruptcy settlement was introduced by the government in Hungary for helping the debtors. In my paper, I examine the rearrangement of the insolvency law in the interwar period which was generated by the compulsory nonbankruptcy settlement. This appeared beside the bankruptcy procedure, which regulation was passed by the National Assembly in 1881. It was the second Hungarian bankruptcy act, which remained unchanged until socialism. These two procedures were the significant elements of the insolvency law in the examined period. In my paper, I present the circumstances of the new institution’s introduction, its modification and its relation to the bankruptcy procedure.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Kristóf Szivós
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 245 - 259
https://doi.org/10.4467/20844131KS.22.017.15720As a result of the codification of Hungarian civil procedure, the first modern code of civil procedure was enacted in 1911. It was characterised by the principles of orality, immediacy, and publicity. An important question of the legislation was to decide to which extent should the parties be allowed to propose new allegations and proofs in the second instance proceedings. Furthermore, the legislative reforms of the interwar period amended the regulation of the appeal as well. The study examines these questions with the help of the primary sources of the era.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 261 - 273
https://doi.org/10.4467/20844131KS.22.018.15721After regaining independence in 1918, Poland inherited five different post-partition legal orders from the 19th century, regulating personal matrimony law on its territory, i.e. Prussian, Austrian, Hungarian, Russian and Polish from the times of the Kingdom of Poland. This situation required urgent reform and taking codification steps. The codification task was entrusted to the Codification Commission, established in 1919. Its result was the governmental matrimony law Project adopted in 1929, known as Lutostański’s Project. Unfortunately, it was not passed by the Sejm. It happened because of the opposition of the Catholic Church and other conservative forces. The reasons for this state of affairs were too modern, for those times, legal solutions contained therein, and above all, the possibility of obtaining a divorce. Many legal solutions included in this project can be found in modern matrimony law, i.e. almost a hundred years later. Nevertheless, the very idea of codification and the adopted main principles of matrimony law should be considered a success of Polish legal thought. The more so because many of these solutions were used in post-war Poland in the Decree on matrimony law in 1945 and are known in contemporary matrimony law.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 275 - 291
https://doi.org/10.4467/20844131KS.22.019.15722Jury courts existed in all the partitioning countries, and after 1918 they were to operate in all parts of the reborn Polish state. Their activities were suspended indefinitely in the former Prussian and Russian partitions. Only the former Austrian partition operated until 1938, when the Sanacja authorities liquidated them. Jury courts adjudicated only criminal cases –concerning the most severe crimes and political crimes. Recently, more attention has been devoted to jury courts and the participation of the social factor in the judiciary in Polish science, but so far, no publications in English have appeared on this subject. In the article, the author presents a short description of the jury’s activity in Poland and discusses three hypotheses about the activity of the jury in Polish science.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Krzysztof Bokwa
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 293 - 306
https://doi.org/10.4467/20844131KS.22.020.15723The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differences to those used in the present civil law. Particular emphasis is placed on the examination and presentation of the institution of homagium, which had a medieval origin and constituted a specific instrument for obtaining compensation for non-pecuniary damage. It is compared with Polish (Code of Obligations of 1933) and Austrian (ABGB of 1811) regulations. The situation allows the author to show the variety of ways in which contract law has developed, especially concerning the pecuniary compensation of harm and pain. Employing comparative and historical methods makes it possible to highlight the timelessness of particular obligation law issues, showing its evolution in Central Europe in the last two centuries.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Tomáš Gábriš
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 307 - 323
https://doi.org/10.4467/20844131KS.22.021.15724The creation of the Czechoslovak Republic and its legal system had its basis in the Act No. 11/1918 Coll. The Act preserved in force former Hungarian law in the territory of Slovakia. In Czech lands, former Austrian law was to be used further on. Quite understandably, attempts were present already in the interwar period to unify the legal system of Czechoslovakia. Analysis of the process and results of unification of law in Czechoslovakia reveals the participation of broad-scale of Slovak lawyers in the process and partial influence of law valid in Slovakia in the projects of new Czechoslovak codes. In the area of substantive law, the revised Austrian Civil Code (ABGB) was to become the basis of the new Czechoslovak Civil Code and therefore, not much space was left for “Slovak law”to influence the final version of the Civil Code project. In the area of procedural law, however, the codes of civil procedure valid in the Czech part and in the Slovak part of the Republic were not as different as it was the case with the substantive civil law. Therefore, the unification process was easier and many institutes of law valid in Slovakia were to be preserved in the project of the Czechoslovak Civil Procedure Code. Unfortunately, the events of the years 1938–1939 was the reason for none of the prepared projects being actually enacted. It was only after the Second World War (mostly in 1950) that the legal order was finally unified in Czechoslovakia.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Miriam Laclavíková, Michal Tomin
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 325 - 338
https://doi.org/10.4467/20844131KS.22.022.15725The study analyses the Hungarian and Austrian adoption laws that inspired lawmakers of the Czechoslovak Act No. 56 of 1928 Coll. As the Hungarian and Austrian laws, the Czechoslovak Act of 1928 on Adoption recognised adoption as a contract to ensure an heir. It advocated compliance with the principle adoptio naturam imitatur. Therefore, it helped to improve the social and legal position of abandoned and neglected children. For lawmakers, the primary inspiration source was the Austrian General Civil Code (ABGB). Nonetheless, several provisions of the ABGB were identical with the Hungarian customary law, court practice, and office practice. Adopters had to be childless, older than forty years of age, and a minimum of eighteen years older than the adoptees. Married persons could adopt only with the consent of their spouses (in this, the influence of the ABGB was the strongest). Contrary to ABGB, but under the Hungarian court practice, was the possibility for a man to adopt his illegitimate biological child. It was possible to adopt majors as a limitation to the principle adoptio naturam imitatur. Adoption was a contractual relationship. It established a relation only between the adopter and adoptee, while the relationships of the adoptee with the birth family continued. For instance, if the adopter failed in his duty to aliment the adoptee, the biological father had a supportive legal obligation to pay alimony. The main goal of the adoption process was to produce an heir. For this reason, we can conclude that the interests of adopters prevailed over the interests of adoptees. It changed radically after 1949, and the most important in the adoption process has become the best interest of the child.
Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 339 - 352
https://doi.org/10.4467/20844131KS.22.023.15726The author reviews mental disorder as a ground for divorce in the Czechoslovak Act No. 320 of 1919 Coll. This Act was called the Marriage Amendment and was in effect for the Czech countries until 1950. The author considers the wording of the Act itself, the explanatory report, jurisprudence, and the court practice. The author compares it to the Hungarian marriage law that continued to be effective in Slovakia until 1950. It was Act No. XXXI of 1894 (the so-called Marriage Act), which regulated divorces in Slovakia, despite adopting the Czechoslovak Marriage Amendment. The Hungarian Marriage Act did not recognise mental illness as a ground for divorce. However, it was a controversial topic in both legal environments, the Hungarian and Czechoslovak.
Bartosz Brożek
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 175 - 177
https://doi.org/10.4467/20844131KS.22.035.16208The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Vilém Knoll , Tomáš Pezl
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 179 - 201
https://doi.org/10.4467/20844131KS.22.013.15716The paper deals with the development of law in Czechoslovakia from its inception to the existence of the so-called First Republic, focusing in particular on the development of criminal law. The primary question addressed in the paper is whether there is legal continuity with the previous Austro-Hungarian legal system. Given that there were several legal orders in force in the aftermath of the establishment of Czechoslovakia, the next necessary question is how this situation was addressed. The paper presents examples from selected areas of criminal law, such as juvenile justice, national security laws, or military criminal norms, and intends to document the main legislative trends, namely the introduction of completely new legal regulations, the adoption of the original Austrian regulation and its nationwide application, or, last but not least, the adoption of both Austrian and Hungarian regulations with their simultaneous application. The codification attempts in the Criminal Code, which were not completed in the relevant period, have not been overlooked.
Petr Dostalík
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 203 - 214
https://doi.org/10.4467/20844131KS.22.014.15717This paper concerns of the doctrine of versio in rem (or actio de in rem verso) in the legal discussion in interwar Czechoslovakia. The paper presents a brief overview of the origin and field of application of actio de in rem verso in classical Roman law and the transformation of the doctrine of versio in rem i n the frame of Corpus Iuris Civilis. The scope of the changes made by the compilers is still uncertain and was a subject of extensive discussion among the legal scholars of the 19th century. The paper describes the nature of versio in rem in the Austrian Civil Code (provision of §1041) and presents legal statements of the prominent exponents of the various legal schools of interwar Czechoslovakia, the legal traditionalists and the supporters of the School of Pure Law Theory. The doctrine of versio in rem is still in the centre of attention of the modern legal scholars in the Czech Republic. The doctrine of versio in rem was adopted in the new Czech Civil Code, but without reflecting the results of the interwar discussion.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 215 - 226
https://doi.org/10.4467/20844131KS.22.015.15718WWI significantly influenced the development of private and trade law. The regulation of economic law institutions came up as a necessity. To protect the consumers’interests, the state interfered with private law affairs and regulated sharking procedures, unfair competition and cartel law. By taking European regulation results into account, cartel regulation organisations were introduced by the Cartel Act; the most important of them was the Cartel Court. This paper shows the most important steps of the antitrust regulation in Hungary’s special attention to the relevant European cartel regulations.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 227 - 244
https://doi.org/10.4467/20844131KS.22.016.15719The First World War and the Trianon Treaty shocked the Hungarian economy. The Hungarian government implemented a payment moratorium from the start of the war, but after a one-year long moratorium, the government wanted to restore the working of the economy. But it desired to avoid the massive bankruptcies of the firms; therefore, a new institution, the compulsory non-bankruptcy settlement was introduced by the government in Hungary for helping the debtors. In my paper, I examine the rearrangement of the insolvency law in the interwar period which was generated by the compulsory nonbankruptcy settlement. This appeared beside the bankruptcy procedure, which regulation was passed by the National Assembly in 1881. It was the second Hungarian bankruptcy act, which remained unchanged until socialism. These two procedures were the significant elements of the insolvency law in the examined period. In my paper, I present the circumstances of the new institution’s introduction, its modification and its relation to the bankruptcy procedure.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Kristóf Szivós
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 245 - 259
https://doi.org/10.4467/20844131KS.22.017.15720As a result of the codification of Hungarian civil procedure, the first modern code of civil procedure was enacted in 1911. It was characterised by the principles of orality, immediacy, and publicity. An important question of the legislation was to decide to which extent should the parties be allowed to propose new allegations and proofs in the second instance proceedings. Furthermore, the legislative reforms of the interwar period amended the regulation of the appeal as well. The study examines these questions with the help of the primary sources of the era.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 261 - 273
https://doi.org/10.4467/20844131KS.22.018.15721After regaining independence in 1918, Poland inherited five different post-partition legal orders from the 19th century, regulating personal matrimony law on its territory, i.e. Prussian, Austrian, Hungarian, Russian and Polish from the times of the Kingdom of Poland. This situation required urgent reform and taking codification steps. The codification task was entrusted to the Codification Commission, established in 1919. Its result was the governmental matrimony law Project adopted in 1929, known as Lutostański’s Project. Unfortunately, it was not passed by the Sejm. It happened because of the opposition of the Catholic Church and other conservative forces. The reasons for this state of affairs were too modern, for those times, legal solutions contained therein, and above all, the possibility of obtaining a divorce. Many legal solutions included in this project can be found in modern matrimony law, i.e. almost a hundred years later. Nevertheless, the very idea of codification and the adopted main principles of matrimony law should be considered a success of Polish legal thought. The more so because many of these solutions were used in post-war Poland in the Decree on matrimony law in 1945 and are known in contemporary matrimony law.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 275 - 291
https://doi.org/10.4467/20844131KS.22.019.15722Jury courts existed in all the partitioning countries, and after 1918 they were to operate in all parts of the reborn Polish state. Their activities were suspended indefinitely in the former Prussian and Russian partitions. Only the former Austrian partition operated until 1938, when the Sanacja authorities liquidated them. Jury courts adjudicated only criminal cases –concerning the most severe crimes and political crimes. Recently, more attention has been devoted to jury courts and the participation of the social factor in the judiciary in Polish science, but so far, no publications in English have appeared on this subject. In the article, the author presents a short description of the jury’s activity in Poland and discusses three hypotheses about the activity of the jury in Polish science.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Krzysztof Bokwa
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 293 - 306
https://doi.org/10.4467/20844131KS.22.020.15723The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differences to those used in the present civil law. Particular emphasis is placed on the examination and presentation of the institution of homagium, which had a medieval origin and constituted a specific instrument for obtaining compensation for non-pecuniary damage. It is compared with Polish (Code of Obligations of 1933) and Austrian (ABGB of 1811) regulations. The situation allows the author to show the variety of ways in which contract law has developed, especially concerning the pecuniary compensation of harm and pain. Employing comparative and historical methods makes it possible to highlight the timelessness of particular obligation law issues, showing its evolution in Central Europe in the last two centuries.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Tomáš Gábriš
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 307 - 323
https://doi.org/10.4467/20844131KS.22.021.15724The creation of the Czechoslovak Republic and its legal system had its basis in the Act No. 11/1918 Coll. The Act preserved in force former Hungarian law in the territory of Slovakia. In Czech lands, former Austrian law was to be used further on. Quite understandably, attempts were present already in the interwar period to unify the legal system of Czechoslovakia. Analysis of the process and results of unification of law in Czechoslovakia reveals the participation of broad-scale of Slovak lawyers in the process and partial influence of law valid in Slovakia in the projects of new Czechoslovak codes. In the area of substantive law, the revised Austrian Civil Code (ABGB) was to become the basis of the new Czechoslovak Civil Code and therefore, not much space was left for “Slovak law”to influence the final version of the Civil Code project. In the area of procedural law, however, the codes of civil procedure valid in the Czech part and in the Slovak part of the Republic were not as different as it was the case with the substantive civil law. Therefore, the unification process was easier and many institutes of law valid in Slovakia were to be preserved in the project of the Czechoslovak Civil Procedure Code. Unfortunately, the events of the years 1938–1939 was the reason for none of the prepared projects being actually enacted. It was only after the Second World War (mostly in 1950) that the legal order was finally unified in Czechoslovakia.
The project ‘Continuity and Discontinuity of Pre-war Legal Systems in Post-war Successor States (1918–1939)’ is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for sustainable regional cooperation in Central Europe. Visegrad Grant No. 22030159.
Miriam Laclavíková, Michal Tomin
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 325 - 338
https://doi.org/10.4467/20844131KS.22.022.15725The study analyses the Hungarian and Austrian adoption laws that inspired lawmakers of the Czechoslovak Act No. 56 of 1928 Coll. As the Hungarian and Austrian laws, the Czechoslovak Act of 1928 on Adoption recognised adoption as a contract to ensure an heir. It advocated compliance with the principle adoptio naturam imitatur. Therefore, it helped to improve the social and legal position of abandoned and neglected children. For lawmakers, the primary inspiration source was the Austrian General Civil Code (ABGB). Nonetheless, several provisions of the ABGB were identical with the Hungarian customary law, court practice, and office practice. Adopters had to be childless, older than forty years of age, and a minimum of eighteen years older than the adoptees. Married persons could adopt only with the consent of their spouses (in this, the influence of the ABGB was the strongest). Contrary to ABGB, but under the Hungarian court practice, was the possibility for a man to adopt his illegitimate biological child. It was possible to adopt majors as a limitation to the principle adoptio naturam imitatur. Adoption was a contractual relationship. It established a relation only between the adopter and adoptee, while the relationships of the adoptee with the birth family continued. For instance, if the adopter failed in his duty to aliment the adoptee, the biological father had a supportive legal obligation to pay alimony. The main goal of the adoption process was to produce an heir. For this reason, we can conclude that the interests of adopters prevailed over the interests of adoptees. It changed radically after 1949, and the most important in the adoption process has become the best interest of the child.
Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 339 - 352
https://doi.org/10.4467/20844131KS.22.023.15726The author reviews mental disorder as a ground for divorce in the Czechoslovak Act No. 320 of 1919 Coll. This Act was called the Marriage Amendment and was in effect for the Czech countries until 1950. The author considers the wording of the Act itself, the explanatory report, jurisprudence, and the court practice. The author compares it to the Hungarian marriage law that continued to be effective in Slovakia until 1950. It was Act No. XXXI of 1894 (the so-called Marriage Act), which regulated divorces in Slovakia, despite adopting the Czechoslovak Marriage Amendment. The Hungarian Marriage Act did not recognise mental illness as a ground for divorce. However, it was a controversial topic in both legal environments, the Hungarian and Czechoslovak.
Publication date: 31.03.2022
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 1 - 15
https://doi.org/10.4467/20844131KS.22.001.15249This article focuses on the relationship between the imperial cult in pagan Rome and the heavenly hierarchy taught by Pseudo-Dionysius the Areopagite. The latter’s thought played a significant role in the construction of the medieval image of the world. Medieval reflection on the state and law drew from it as well. Therefore, possible analogies between the imperial cult and the philosophy of Corpus Dionysiacum would indicate an indirect influence that the imperial cult of the emperor had on certain later ideas about state power, on the legitimacy of certain forms of social and constitutional organization, and on prophetic visions inspiring social and political movements.
Against this background, the article compares the emperor’s genius (as well as the imperial virtues and the emperor’s numen) with the immaterial beings described by the Areopagite. It reveals clear parallels regarding the hierarchical construction of geniuses in the imperial cult of ancient Rome and Pseudo-Dionysius’ Angels, Names of God, and divine providences. The similarities in mediation between the human world and the divine reality regarding the granting of creative power and supernatural knowledge are also associated with this structure. In both cases, the divine element (genius and heavenly beings) has a historiosophical aspect, consisting of justification of belief about care that the deity exercises over the universal history of mankind.
The conducted research constitutes an impulse for further research in the field of political aspects of medieval angelology.
Łukasz Gołaszewski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 17 - 33
https://doi.org/10.4467/20844131KS.22.002.15250The present article describes Franciszek Bieliński’s attitude towards tithes. He was the Grand Marshal of the Polish Crown and initiated a conflict about tithes between the Masovian nobility and the Catholic clergy, that began in the early 1750’s. In the article I analyse the manifesto that was published under Bieliński’s auspices, along with his correspondence with other dignitaries of the Polish-Lithuanian Commonwealth, as well as their speeches during the Sejm of 1752 in Grodno. It was no secret that Bieliński initiated this conflict mainly for personal reasons. However, his activity perpetuated the evolution of the practice that courts for nobility were competent to examine cases concerning tithes.
* Artykuł powstał w związku z realizacją projektu badawczego PRELUDIUM 6 Narodowego Centrum Nauki (nr DEC-2013/11/N/HS3/04734).
Jarosław Reszczyński
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 35 - 48
https://doi.org/10.4467/20844131KS.22.003.15251The overview refers to the publication Kulturelle Vernetzung in Europa. Das Magdeburger Recht und seine Städte (eds. G. Köster, Ch. Link, H. Lück, Dresden: Sandstein Verlag, 2018). It contains 23 articles devoted to the shaping of urban centres in Central-Eastern Europe, based on an interdisciplinary approach. These centres developed from the 13th through the 18th centuries, following the Magdeburg legal model, under the influence of its legal culture. A similar economic and social context shaped comparable circumstances and transformation trends in these centres, regardless of ethnic diversity. Cities established under Magdeburg law shared a network of cultural links, both material and spiritual. The starting point of most of the texts is the history of urban law, and its transfer and adaptation to new areas. However, they also refer to the legal language, the development of written culture in law, the history of the cities’inhabitants and ethnic groups, and the history of urban development, archeology, and art.
Hubert Mielnik
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 49 - 57
https://doi.org/10.4467/20844131KS.22.004.15252The monograph highlights the aspects of the international law qualification of the actions and omissions of Germany towards Poland and Poles during World War II. The study tries to prove that in the years 1939–1945 Germany was obliged to observe the norms of international law in its relations with Poland, and especially the non-treaty prohibitions not to initiate aggressive war or to commit the crime of genocide. The review describes the hypothesis and aims of the monograph and evaluates its substance, form, and argumentation.
Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 59 - 99
https://doi.org/10.4467/20844131KS.22.005.15253The work consists of two parts. One of them is the first Polish translation of the Constitution of the Portuguese Republic of April 11, 1933, and the other is an article devoted to this constitution and the system of government prevailing in Portugal during its period of validity. The Constitution of 1933 had never previously been translated into Polish, although its translation (often anonymous) was published in several other languages, including English, French, German, and Russian. While the circumstances of adopting the constitution of 1933, its sources, and its ideological concepts are reasonably well chronicled in Polish literature, the Estado Novo system is less so, and the author devotes his article to analysing this new regime. It is a synthesis of the constitution’s provisions, against the background of the circumstances in which it was adopted and the ideology on which it was based: corporatism, conservatism, moderate nationalism, and meritocracy. The author also does not ignore the unique role of the architect and originator of the Portuguese system of that time –António de Oliveira Salazar –and his views on the state system.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 101 - 142
https://doi.org/10.4467/20844131KS.22.006.15254When 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 sub-commission 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 first part of the publication focuses on minutes nos. 165–173, while following parts will include minutes nos. 183–201, and a reconstruction of the draft provisions.
Bartosz Zalewski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 143 - 146
https://doi.org/10.4467/20844131KS.22.007.15255Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 147 - 149
https://doi.org/10.4467/20844131KS.22.008.15256Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 151 - 154
https://doi.org/10.4467/20844131KS.22.009.15257Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 155 - 163
https://doi.org/10.4467/20844131KS.22.012.15278Andrzej Zakrzewski’s article reviews the book The judiciary adopted by the Treasury Commission of the Grand Duchy of Lithuania in fiscal cases (1765–1794) by Piotr Miłosz Pilarczyk. The article was published in Krakowskie Studia z Historii Państwa i Prawa 14, issue 4 (2021). It is an unpleasant example of academic misconduct. Due to the doubts it raises, it is necessary to indicate the abuses committed by the reviewer.
Among Zakrzewski’s numerous remarks, his charge of insufficient use of the literature available on the subject stands out. However, the majority of issues raised by the reviewer either do not relate to things found in the book, or the references found there are irrelevant. The next objection relates to the language used in the work. The reviewer’s arguments result from misunderstanding of the assumptions elucidated in the work.
Polemics with the reviewer are in many cases impossible, because they often fail to justify criticisms with substantiable arguments, or they lack rational bases because of being ad personam. Criticism also applies to what is not in the book, because the reviewer does not focus on the content of the work, but refers to other topics that he would like to read about. Bearing all this in mind, one cannot consider Zakrzewski’s text be substantive and conforming to reasonable standards of academic criticism.
Paweł Borecki, Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 165 - 167
https://doi.org/10.4467/20844131KS.22.010.15258Krystyna Chojnicka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 169 - 173
https://doi.org/10.4467/20844131KS.22.011.15259Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 1 - 15
https://doi.org/10.4467/20844131KS.22.001.15249This article focuses on the relationship between the imperial cult in pagan Rome and the heavenly hierarchy taught by Pseudo-Dionysius the Areopagite. The latter’s thought played a significant role in the construction of the medieval image of the world. Medieval reflection on the state and law drew from it as well. Therefore, possible analogies between the imperial cult and the philosophy of Corpus Dionysiacum would indicate an indirect influence that the imperial cult of the emperor had on certain later ideas about state power, on the legitimacy of certain forms of social and constitutional organization, and on prophetic visions inspiring social and political movements.
Against this background, the article compares the emperor’s genius (as well as the imperial virtues and the emperor’s numen) with the immaterial beings described by the Areopagite. It reveals clear parallels regarding the hierarchical construction of geniuses in the imperial cult of ancient Rome and Pseudo-Dionysius’ Angels, Names of God, and divine providences. The similarities in mediation between the human world and the divine reality regarding the granting of creative power and supernatural knowledge are also associated with this structure. In both cases, the divine element (genius and heavenly beings) has a historiosophical aspect, consisting of justification of belief about care that the deity exercises over the universal history of mankind.
The conducted research constitutes an impulse for further research in the field of political aspects of medieval angelology.
Łukasz Gołaszewski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 17 - 33
https://doi.org/10.4467/20844131KS.22.002.15250The present article describes Franciszek Bieliński’s attitude towards tithes. He was the Grand Marshal of the Polish Crown and initiated a conflict about tithes between the Masovian nobility and the Catholic clergy, that began in the early 1750’s. In the article I analyse the manifesto that was published under Bieliński’s auspices, along with his correspondence with other dignitaries of the Polish-Lithuanian Commonwealth, as well as their speeches during the Sejm of 1752 in Grodno. It was no secret that Bieliński initiated this conflict mainly for personal reasons. However, his activity perpetuated the evolution of the practice that courts for nobility were competent to examine cases concerning tithes.
* Artykuł powstał w związku z realizacją projektu badawczego PRELUDIUM 6 Narodowego Centrum Nauki (nr DEC-2013/11/N/HS3/04734).
Jarosław Reszczyński
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 35 - 48
https://doi.org/10.4467/20844131KS.22.003.15251The overview refers to the publication Kulturelle Vernetzung in Europa. Das Magdeburger Recht und seine Städte (eds. G. Köster, Ch. Link, H. Lück, Dresden: Sandstein Verlag, 2018). It contains 23 articles devoted to the shaping of urban centres in Central-Eastern Europe, based on an interdisciplinary approach. These centres developed from the 13th through the 18th centuries, following the Magdeburg legal model, under the influence of its legal culture. A similar economic and social context shaped comparable circumstances and transformation trends in these centres, regardless of ethnic diversity. Cities established under Magdeburg law shared a network of cultural links, both material and spiritual. The starting point of most of the texts is the history of urban law, and its transfer and adaptation to new areas. However, they also refer to the legal language, the development of written culture in law, the history of the cities’inhabitants and ethnic groups, and the history of urban development, archeology, and art.
Hubert Mielnik
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 49 - 57
https://doi.org/10.4467/20844131KS.22.004.15252The monograph highlights the aspects of the international law qualification of the actions and omissions of Germany towards Poland and Poles during World War II. The study tries to prove that in the years 1939–1945 Germany was obliged to observe the norms of international law in its relations with Poland, and especially the non-treaty prohibitions not to initiate aggressive war or to commit the crime of genocide. The review describes the hypothesis and aims of the monograph and evaluates its substance, form, and argumentation.
Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 59 - 99
https://doi.org/10.4467/20844131KS.22.005.15253The work consists of two parts. One of them is the first Polish translation of the Constitution of the Portuguese Republic of April 11, 1933, and the other is an article devoted to this constitution and the system of government prevailing in Portugal during its period of validity. The Constitution of 1933 had never previously been translated into Polish, although its translation (often anonymous) was published in several other languages, including English, French, German, and Russian. While the circumstances of adopting the constitution of 1933, its sources, and its ideological concepts are reasonably well chronicled in Polish literature, the Estado Novo system is less so, and the author devotes his article to analysing this new regime. It is a synthesis of the constitution’s provisions, against the background of the circumstances in which it was adopted and the ideology on which it was based: corporatism, conservatism, moderate nationalism, and meritocracy. The author also does not ignore the unique role of the architect and originator of the Portuguese system of that time –António de Oliveira Salazar –and his views on the state system.
Marian Mikołajczyk, Grzegorz Nancka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 101 - 142
https://doi.org/10.4467/20844131KS.22.006.15254When 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 sub-commission 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 first part of the publication focuses on minutes nos. 165–173, while following parts will include minutes nos. 183–201, and a reconstruction of the draft provisions.
Bartosz Zalewski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 143 - 146
https://doi.org/10.4467/20844131KS.22.007.15255Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 147 - 149
https://doi.org/10.4467/20844131KS.22.008.15256Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 151 - 154
https://doi.org/10.4467/20844131KS.22.009.15257Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 155 - 163
https://doi.org/10.4467/20844131KS.22.012.15278Andrzej Zakrzewski’s article reviews the book The judiciary adopted by the Treasury Commission of the Grand Duchy of Lithuania in fiscal cases (1765–1794) by Piotr Miłosz Pilarczyk. The article was published in Krakowskie Studia z Historii Państwa i Prawa 14, issue 4 (2021). It is an unpleasant example of academic misconduct. Due to the doubts it raises, it is necessary to indicate the abuses committed by the reviewer.
Among Zakrzewski’s numerous remarks, his charge of insufficient use of the literature available on the subject stands out. However, the majority of issues raised by the reviewer either do not relate to things found in the book, or the references found there are irrelevant. The next objection relates to the language used in the work. The reviewer’s arguments result from misunderstanding of the assumptions elucidated in the work.
Polemics with the reviewer are in many cases impossible, because they often fail to justify criticisms with substantiable arguments, or they lack rational bases because of being ad personam. Criticism also applies to what is not in the book, because the reviewer does not focus on the content of the work, but refers to other topics that he would like to read about. Bearing all this in mind, one cannot consider Zakrzewski’s text be substantive and conforming to reasonable standards of academic criticism.
Paweł Borecki, Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 165 - 167
https://doi.org/10.4467/20844131KS.22.010.15258Krystyna Chojnicka
Cracow Studies of Constitutional and Legal History, Volume 15, Issue 1, Volume 15 (2022), pp. 169 - 173
https://doi.org/10.4467/20844131KS.22.011.15259Publication date: 12.2021
Editor-in-Chief: Krystyna Chojnicka
Deputy Editor-in-Chief: Maciej Mikuła
Secretary: Kacper Górski
Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 453 - 472
https://doi.org/10.4467/20844131KS.21.041.14467The justices of the peace were one of the forms of society’s participation in the judiciary in the Second Polish Republic. This institution was inherited from the former partitioning states and did not exist throughout the country. Justices of the peace were provided for by the Act’s provisions amending the Law on the System of Ordinary Courts, but its requirements have been never implemented. Justices of the peace ended their activity in 1929, but their formal liquidation only occurred in 1938. In interwar Poland justices of the peace were not a form of public participation in the judiciary. They were in fact judges with significantly lower substantive competencies than professional judges.
Contrary to the provisions of the Constitution of 1921, justices of the peace were not elected by popular vote. The article deals with the extensive debates that took place in the Sejm regarding the selection of justices of the peace, and their role in the judiciary of the Second Republic of Poland, especially in its first period (1919–1928), when it was a problem of great interest to parliamentarians. This is evidenced by the numerous interpellations and parliamentary bills that the parliamentarians submitted, which the author analyses and quotes. On this basis, he concludes that the institution of justice of the peace was not supported by deputies, especially from among the agrarian and socialist parties. Often, justices of the peace were (in interpellations) accused of corruption, nepotism, and incompetence. The solution to this problem was seen in the full admission of society to participate in the judiciary, e.g. in the forms of justices of the peace, jury courts and lay judges.
Monika Haczkowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 473 - 493
https://doi.org/10.4467/20844131KS.21.042.14468The March Constitution was one of the first in Europe to introduce an innovative regulation of the institution of state liability for damages. The provision of Article 121 of the Constitution raised this legal institution to the rank of a constitutional principle. However, the constitutionalization of the citizens’ right to compensation for damages resulting from unauthorized or otherwise deleterious activity on the part of the authorities turned out to be insufficient. Despite sufficient grounds for the compensatory liability of state authorities in case of their unlawful actions or failed duties of service, the prevailing view in doctrine and jurisprudence was that Article 121 of the Constitution was only a programmatic norm. Even if in practice it became only a “dead letter of the law”, it played a key role in shaping the institution of the state’s liability for damages in Polish law in the 20th century.
Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 495 - 510
https://doi.org/10.4467/20844131KS.21.043.14469This article was written in connection with the 100th anniversary of the enactment of the Constitution of the Republic of Poland of 17 March 1921 (the March Constitution). First, it presents the systemic assumptions of the Constitution, relating to local government, and then shows its impact on the formation of local governments in the Second Polish Republic. It describes the challenges and difficulties that accompanied attempts to pass local government laws in line with the spirit of the March Constitution. It presents an outline is given of the legal bases for the organisation of local governments in Poland and their activities during the entire interwar period (1918–1939). It also draws attention to changes in approach that those in power took towards the role of local government which followed the May coup in 1926 and were introduced in the Act of 23 March 1933 on the partial change of the local government system, and in the Constitution of 23 April 1935 (the April Constitution).
Jacek Wałdoch
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 511 - 519
https://doi.org/10.4467/20844131KS.21.044.14470This study was devoted to the investigation of the case of the dissolution of the Kraków City Council in 1924 and the consequences resulting from this decision. After the death of the President of Kraków, Jan Kanty Federowicz, the supervisory authority (i.e. the voivode) decided to dissolve the City Council and appoint a government commissioner and a supervisory board. The commissioner was associated with the central government, while the members of the board mostly represented the ruling coalition. The councilors objected to this decision and appealed it to the Supreme Administrative Tribunal, which ultimately agreed with them. It was found that the voivode had issued the decision for dissolution in breach of the law. The controversial judgment was commented on by lawyers and criticized by those who contended that the Tribunal had errouneously based its decision rely on archaic legislation.
Aleksandra Wasielewicz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 521 - 537
https://doi.org/10.4467/20844131KS.21.045.14471The issue of disciplinary responsibility over judges is one of the key aspects of the functioning of the judiciary. This mechanism must remain a compromise between respecting a special status for judges based on their independence and their key role in the functioning of the state, versus the need to eliminate negative behaviors on their part. Such oversight in turn should lead to the building up of societal trust in the judiciary. The article is an attempt to present the issue of disciplinary proceedings against judges in the Second Polish Republic in the areas of the former Prussian territories.
By presenting this issue from the perspective of substantive law, this article complements research already carried out in this area, the issue of the course of procedure in disciplinary proceedings having already been presented in a separate text. In this article, the author focuses on the issues regarding judge’s disciplinary misconduct and actual disciplinary punishments. The legal provisions were compared with the practice of their application, reconstructed on the basis of preserved archival files of judges, both personal and disciplinary.
Agnieszka Bień-Kacała, Anna Tarnowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 539 - 556
https://doi.org/10.4467/20844131KS.21.046.14472The centenary of the enactment of the March Constitution in Poland prompts questions about the constituent parts of the achievements of Polish constitutionalism of that period. The authors have found the issue of the sources of law worthy of attention, and among the latter, especially those acts that are situated between the classically conceived competences of the authorities, i.e., acts with the force of statute issued by the organs of executive authority. These acts, formally absent from the system of sources of law of the March Constitution until the enactment of the August amendment of 1926, appeared in the practice of the Second Republic at the time of the budgetary crisis in 1924, in the form of acts issued “by the President of the Republic on the basis of resolutions of the Council of Ministers”. These “special kinds of autonomous regulations” [Z. Cybichowski] provoked intensive discussions regarding both the admissibility of such delegation of legislative power, as well as the legal essence and constitutionality of aforementioned regulations. The authors would like to take a closer look at the institution of legal acts with the force of statutes as sources functioning in the era of democratic constitutional solutions establishing a parliamentary-cabinet system [i.e., in the years 1921–1926 and after 1989], without neglecting the historical and comparative context in which the examined institution evolved.
* Niniejsze opracowanie pozostaje w części wynikiem badań przeprowadzonych w ramach realizacji grantu „Law-making delegation in representative democracy” Narodowego Centrum Nauki, w konkursie Opus 11, umowa nr 2016/21/B/HS5/00197.
Andrzej Zakrzewski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 557 - 567
https://doi.org/10.4467/20844131KS.21.047.14473Contemporary Polish legal historians’ writings rarely concern the political system of the Polish- Lithuanian Commonwealth, and even less often any substantial or procedural law thereof. Matters relating to the Grand Duchy of Lithuania are becoming less and less popular in Polish academia as well. Actually, such a phenomenon is quite understandable, when one takes into account the expanding scholarly activities among Lithuanian and Belorussian researchers, and the archives abundant in source materials in these countries. Having that in mind, anyone interested should pay particular attention to Dr. Piotr Miłosz Pilarczyk’s monograph that deals with the topic of the Lithuanian Treasury Commission in the years 1765–1794.
The strongest point of the above-mentioned book is undeniably the fact, that the author conducted extensive archival enquiry and based his work on collected primary source materials – mainly records of the judiciary activities of the Commission. Unfortunately, the author’s failure to include materials from other sources (for instance correspondence) resulted in an unsatisfactory presentation of the social background of the activity of the Commission’s court, and, consequently, the motives behind its decisions are not always discernible. Although Pilarczyk correctly describes investigated data, he nevertheless rarely enriches his analysis with his own questions. The reviewed monograph contains numerous examples of judiciary praxis, which varied from the model as regulated in the Third Lithuanian Statute (1588). Regrettably, despite the homogeneous character of sources cited in the study, no quantitative methods were applied, which would presumably have resulted in a more detailed image of new trends in the praxis of administration of justice, including possible new or unconventional grounds (motives) behind court decisions. Although Pilarczyk’s work does provide many meaningful findings, he could have produced more interesting results.
Hopefully, scholars will further analyse the collected source materials in the future, with an objective of presenting either a quantitative or prosopographic study that could broaden the body of knowledge concerning the judiciary in the Grand Duchy of Lithuania in the 18th century.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 569 - 589
https://doi.org/10.4467/20844131KS.21.048.14474The present source publication is the sixth in a series encompassing the most important documents related to preparations for the replacement of French codes with national codification drafted by the Civil Reform Committee which worked between 1814 and 1815. The publication includes the second part of “The project of the civil judicial procedure in first instance”, which is comprised of enforcement proceedings presented just like the first part (the trial) by Franciszek Grabowski, and the fragments of the minutes reporting the course of the discussion concerning the solutions proposed within the project.
* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/ HS5/00762.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 591 - 594
https://doi.org/10.4467/20844131KS.21.049.14475Piotr Alexandrowicz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 595 - 600
https://doi.org/10.4467/20844131KS.21.051.14477Dorota Miler
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 601 - 606
https://doi.org/10.4467/20844131KS.21.050.14476Marta Baranowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 607 - 610
https://doi.org/10.4467/20844131KS.21.052.14478Maciej Mikuła, Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 611 - 615
https://doi.org/10.4467/20844131KS.21.053.14479In the academic year 2020/2021 the Jagiellonian University Faculty of Law and Administration initiated a series of scholarly meetings devoted to legal heritage. Nine meetings were held, during which eight papers were presented. They were prepared by the following researchers: Dr. Jakob Maziarz (Department of the History of Polish Law of the Faculty of Law and Administration of the Jagiellonian University) on “The freedom of scientific research, the freedom to use cultural goods and access to archival materials”; Dr. Bohdan Widła (Department of Intellectual Property Law of the Faculty of Law and Administration of the Jagiellonian University) on “Protection of scientific or critical editions and first editions”; Dr. Jan Halberda (Department of the General History of the State and Law of the Faculty of Law and Administration of the Jagiellonian University) on “Estoppel in Anglo-American private law. The Rise of High Trees (1947) as the ‘Precedent’.”; Dr. Mateusz Mataniak (Laboratory of Source Publishing of the Faculty of Law and Administration of the Jagiellonian University) on “Archival materials for history of the Government of Galicia (1854–1914) from the resource of Central State Historical Archives of Ukraine in Lviv. Contribution to research on Polish legal heritage.” Jan Bazyli Klakla (PhD student at the Department of Sociology of Law of the Faculty of Law and Administration and the Institute of Sociology of the Faculty of Philosophy of the Jagiellonian University) on “Is customary law like an onion? A multi-layered approach to customary law and its status in the modern world”; Dr. Hab. Katarzyna Krzysztofek-Strzała (Department of History of Administration and Religious Law, Laboratory of Religious Law and Law on Religious Denominations of the Faculty of Law and Administration of the Jagiellonian University) on “Between the letter of the law and the law in action. Office for Religious Affairs practice towards churches and religious associations”; Dr. Anna Ceglarska (Department of the History of Political and Legal Doctrines of the Faculty of Law and Administration of the Jagiellonian University) on “The concept of the ‘rule of law’ in presocratic Greece”; Prof. Piotr Górecki (University of California, Riverside Department of History) on “The course of events in Polish and German law court trials in medieval Poland. A comparative sketch”.
Paweł Kaźmierski, Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 617 - 619
https://doi.org/10.4467/20844131KS.21.055.15235Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 621 - 623
https://doi.org/10.4467/20844131KS.21.054.14480Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 453 - 472
https://doi.org/10.4467/20844131KS.21.041.14467The justices of the peace were one of the forms of society’s participation in the judiciary in the Second Polish Republic. This institution was inherited from the former partitioning states and did not exist throughout the country. Justices of the peace were provided for by the Act’s provisions amending the Law on the System of Ordinary Courts, but its requirements have been never implemented. Justices of the peace ended their activity in 1929, but their formal liquidation only occurred in 1938. In interwar Poland justices of the peace were not a form of public participation in the judiciary. They were in fact judges with significantly lower substantive competencies than professional judges.
Contrary to the provisions of the Constitution of 1921, justices of the peace were not elected by popular vote. The article deals with the extensive debates that took place in the Sejm regarding the selection of justices of the peace, and their role in the judiciary of the Second Republic of Poland, especially in its first period (1919–1928), when it was a problem of great interest to parliamentarians. This is evidenced by the numerous interpellations and parliamentary bills that the parliamentarians submitted, which the author analyses and quotes. On this basis, he concludes that the institution of justice of the peace was not supported by deputies, especially from among the agrarian and socialist parties. Often, justices of the peace were (in interpellations) accused of corruption, nepotism, and incompetence. The solution to this problem was seen in the full admission of society to participate in the judiciary, e.g. in the forms of justices of the peace, jury courts and lay judges.
Monika Haczkowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 473 - 493
https://doi.org/10.4467/20844131KS.21.042.14468The March Constitution was one of the first in Europe to introduce an innovative regulation of the institution of state liability for damages. The provision of Article 121 of the Constitution raised this legal institution to the rank of a constitutional principle. However, the constitutionalization of the citizens’ right to compensation for damages resulting from unauthorized or otherwise deleterious activity on the part of the authorities turned out to be insufficient. Despite sufficient grounds for the compensatory liability of state authorities in case of their unlawful actions or failed duties of service, the prevailing view in doctrine and jurisprudence was that Article 121 of the Constitution was only a programmatic norm. Even if in practice it became only a “dead letter of the law”, it played a key role in shaping the institution of the state’s liability for damages in Polish law in the 20th century.
Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 495 - 510
https://doi.org/10.4467/20844131KS.21.043.14469This article was written in connection with the 100th anniversary of the enactment of the Constitution of the Republic of Poland of 17 March 1921 (the March Constitution). First, it presents the systemic assumptions of the Constitution, relating to local government, and then shows its impact on the formation of local governments in the Second Polish Republic. It describes the challenges and difficulties that accompanied attempts to pass local government laws in line with the spirit of the March Constitution. It presents an outline is given of the legal bases for the organisation of local governments in Poland and their activities during the entire interwar period (1918–1939). It also draws attention to changes in approach that those in power took towards the role of local government which followed the May coup in 1926 and were introduced in the Act of 23 March 1933 on the partial change of the local government system, and in the Constitution of 23 April 1935 (the April Constitution).
Jacek Wałdoch
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 511 - 519
https://doi.org/10.4467/20844131KS.21.044.14470This study was devoted to the investigation of the case of the dissolution of the Kraków City Council in 1924 and the consequences resulting from this decision. After the death of the President of Kraków, Jan Kanty Federowicz, the supervisory authority (i.e. the voivode) decided to dissolve the City Council and appoint a government commissioner and a supervisory board. The commissioner was associated with the central government, while the members of the board mostly represented the ruling coalition. The councilors objected to this decision and appealed it to the Supreme Administrative Tribunal, which ultimately agreed with them. It was found that the voivode had issued the decision for dissolution in breach of the law. The controversial judgment was commented on by lawyers and criticized by those who contended that the Tribunal had errouneously based its decision rely on archaic legislation.
Aleksandra Wasielewicz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 521 - 537
https://doi.org/10.4467/20844131KS.21.045.14471The issue of disciplinary responsibility over judges is one of the key aspects of the functioning of the judiciary. This mechanism must remain a compromise between respecting a special status for judges based on their independence and their key role in the functioning of the state, versus the need to eliminate negative behaviors on their part. Such oversight in turn should lead to the building up of societal trust in the judiciary. The article is an attempt to present the issue of disciplinary proceedings against judges in the Second Polish Republic in the areas of the former Prussian territories.
By presenting this issue from the perspective of substantive law, this article complements research already carried out in this area, the issue of the course of procedure in disciplinary proceedings having already been presented in a separate text. In this article, the author focuses on the issues regarding judge’s disciplinary misconduct and actual disciplinary punishments. The legal provisions were compared with the practice of their application, reconstructed on the basis of preserved archival files of judges, both personal and disciplinary.
Agnieszka Bień-Kacała, Anna Tarnowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 539 - 556
https://doi.org/10.4467/20844131KS.21.046.14472The centenary of the enactment of the March Constitution in Poland prompts questions about the constituent parts of the achievements of Polish constitutionalism of that period. The authors have found the issue of the sources of law worthy of attention, and among the latter, especially those acts that are situated between the classically conceived competences of the authorities, i.e., acts with the force of statute issued by the organs of executive authority. These acts, formally absent from the system of sources of law of the March Constitution until the enactment of the August amendment of 1926, appeared in the practice of the Second Republic at the time of the budgetary crisis in 1924, in the form of acts issued “by the President of the Republic on the basis of resolutions of the Council of Ministers”. These “special kinds of autonomous regulations” [Z. Cybichowski] provoked intensive discussions regarding both the admissibility of such delegation of legislative power, as well as the legal essence and constitutionality of aforementioned regulations. The authors would like to take a closer look at the institution of legal acts with the force of statutes as sources functioning in the era of democratic constitutional solutions establishing a parliamentary-cabinet system [i.e., in the years 1921–1926 and after 1989], without neglecting the historical and comparative context in which the examined institution evolved.
* Niniejsze opracowanie pozostaje w części wynikiem badań przeprowadzonych w ramach realizacji grantu „Law-making delegation in representative democracy” Narodowego Centrum Nauki, w konkursie Opus 11, umowa nr 2016/21/B/HS5/00197.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 621 - 623
https://doi.org/10.4467/20844131KS.21.054.14480Andrzej Zakrzewski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 557 - 567
https://doi.org/10.4467/20844131KS.21.047.14473Contemporary Polish legal historians’ writings rarely concern the political system of the Polish- Lithuanian Commonwealth, and even less often any substantial or procedural law thereof. Matters relating to the Grand Duchy of Lithuania are becoming less and less popular in Polish academia as well. Actually, such a phenomenon is quite understandable, when one takes into account the expanding scholarly activities among Lithuanian and Belorussian researchers, and the archives abundant in source materials in these countries. Having that in mind, anyone interested should pay particular attention to Dr. Piotr Miłosz Pilarczyk’s monograph that deals with the topic of the Lithuanian Treasury Commission in the years 1765–1794.
The strongest point of the above-mentioned book is undeniably the fact, that the author conducted extensive archival enquiry and based his work on collected primary source materials – mainly records of the judiciary activities of the Commission. Unfortunately, the author’s failure to include materials from other sources (for instance correspondence) resulted in an unsatisfactory presentation of the social background of the activity of the Commission’s court, and, consequently, the motives behind its decisions are not always discernible. Although Pilarczyk correctly describes investigated data, he nevertheless rarely enriches his analysis with his own questions. The reviewed monograph contains numerous examples of judiciary praxis, which varied from the model as regulated in the Third Lithuanian Statute (1588). Regrettably, despite the homogeneous character of sources cited in the study, no quantitative methods were applied, which would presumably have resulted in a more detailed image of new trends in the praxis of administration of justice, including possible new or unconventional grounds (motives) behind court decisions. Although Pilarczyk’s work does provide many meaningful findings, he could have produced more interesting results.
Hopefully, scholars will further analyse the collected source materials in the future, with an objective of presenting either a quantitative or prosopographic study that could broaden the body of knowledge concerning the judiciary in the Grand Duchy of Lithuania in the 18th century.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 569 - 589
https://doi.org/10.4467/20844131KS.21.048.14474The present source publication is the sixth in a series encompassing the most important documents related to preparations for the replacement of French codes with national codification drafted by the Civil Reform Committee which worked between 1814 and 1815. The publication includes the second part of “The project of the civil judicial procedure in first instance”, which is comprised of enforcement proceedings presented just like the first part (the trial) by Franciszek Grabowski, and the fragments of the minutes reporting the course of the discussion concerning the solutions proposed within the project.
* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/ HS5/00762.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 591 - 594
https://doi.org/10.4467/20844131KS.21.049.14475Piotr Alexandrowicz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 595 - 600
https://doi.org/10.4467/20844131KS.21.051.14477Dorota Miler
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 601 - 606
https://doi.org/10.4467/20844131KS.21.050.14476Marta Baranowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 607 - 610
https://doi.org/10.4467/20844131KS.21.052.14478Maciej Mikuła, Izabela Wasik
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 611 - 615
https://doi.org/10.4467/20844131KS.21.053.14479In the academic year 2020/2021 the Jagiellonian University Faculty of Law and Administration initiated a series of scholarly meetings devoted to legal heritage. Nine meetings were held, during which eight papers were presented. They were prepared by the following researchers: Dr. Jakob Maziarz (Department of the History of Polish Law of the Faculty of Law and Administration of the Jagiellonian University) on “The freedom of scientific research, the freedom to use cultural goods and access to archival materials”; Dr. Bohdan Widła (Department of Intellectual Property Law of the Faculty of Law and Administration of the Jagiellonian University) on “Protection of scientific or critical editions and first editions”; Dr. Jan Halberda (Department of the General History of the State and Law of the Faculty of Law and Administration of the Jagiellonian University) on “Estoppel in Anglo-American private law. The Rise of High Trees (1947) as the ‘Precedent’.”; Dr. Mateusz Mataniak (Laboratory of Source Publishing of the Faculty of Law and Administration of the Jagiellonian University) on “Archival materials for history of the Government of Galicia (1854–1914) from the resource of Central State Historical Archives of Ukraine in Lviv. Contribution to research on Polish legal heritage.” Jan Bazyli Klakla (PhD student at the Department of Sociology of Law of the Faculty of Law and Administration and the Institute of Sociology of the Faculty of Philosophy of the Jagiellonian University) on “Is customary law like an onion? A multi-layered approach to customary law and its status in the modern world”; Dr. Hab. Katarzyna Krzysztofek-Strzała (Department of History of Administration and Religious Law, Laboratory of Religious Law and Law on Religious Denominations of the Faculty of Law and Administration of the Jagiellonian University) on “Between the letter of the law and the law in action. Office for Religious Affairs practice towards churches and religious associations”; Dr. Anna Ceglarska (Department of the History of Political and Legal Doctrines of the Faculty of Law and Administration of the Jagiellonian University) on “The concept of the ‘rule of law’ in presocratic Greece”; Prof. Piotr Górecki (University of California, Riverside Department of History) on “The course of events in Polish and German law court trials in medieval Poland. A comparative sketch”.
Paweł Kaźmierski, Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 4, Volume 14 (2021), pp. 617 - 619
https://doi.org/10.4467/20844131KS.21.055.15235Publication date: 09.2021
Editors of the Issue 3: Kacper Górski, Maciej Mikuła
Marcin Michalak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 287 - 305
https://doi.org/10.4467/20844131KS.21.023.14088The American model of medical malpractice liability has been the subject of lively public and scientific debate for years. This system is characterized by a large number of lawsuits against doctors and very high damages awarded in such cases. In turn, these phenomena contribute to the occurrence of so-called medical malpractice crisis. It seems that an important place in the proper understanding of the American model of physicians’ liability for medical malpractice may be the historical analysis of legal norms regulating this matter. The text claims that the modern specificity of the system of liability for medical malpractice is closely related to the development of American law in its formative period in the nineteenth century. The article indicates four features of the legal system developed at that time, which today are identified as responsible for a large number of lawsuits and high compensation in malpractice trials. These include, in particular, linking medical liability to the tort law regime, domination of the civil law dimension of liability for medical errors, the role of the jury in lawsuits for medical malpractice, and the method of remuneration of attorneys in such cases.
* The article was prepared thanks to the funds that the author received to prepare a doctoral dissertation on the development of medical malpractice liability in the United States of America from the National Science Center as part of financing a doctoral scholarship on the basis of decision number DEC-2015/16/T/HS5/00432.
Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 307 - 330
https://doi.org/10.4467/20844131KS.21.024.14089The aim of this paper is to present the in-depth study of the only one piece of the adjudication activity of the judiciary in the Free City of Cracow (1815–1846) – the Sawiczewscy case. Named after its subject, the division of the estate of well-known Cracow’s pharmacist and university professor Józef Sawiczewski, the case is the example of rich source of material for the researcher in the field of the application of the French law of succession in the Republic of Cracow. In its first part the article describes the case proceedings including written pleadings lodged by the parties, rulings of the Cracow’s courts: the Tribunal of First Instance, the Court of Appeal, the Court of Third Instance and also the opinion of the Professors and Doctors of the Faculty of Law of the Jagiellonian University. Due to that detailed analysis, the process of the interpretation of the Code civil regulations by the Cracow’s lawyers can be fully understood and properly evaluated. The comparative base for that evaluation is presented in the second part of the paper, which outlined the nineteenth century French interpretation of institutions of the law of succession applied in the case, i.e. the restitutions (rapports) and the disposable proportion (quotité disponible). As regards this base the outcomes are unsatisfactory since the members of the judiciary of the Free City of Kraków failed to meet not only the original intent but also the contemporary French understanding of the law of succession of the Code civil.
* Artykuł został przygotowany w ramach projektu badawczego Narodowego Centrum Nauki nr 2017/27/B/HS5/01308.
Przemysław Marcin Żukowski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 331 - 354
https://doi.org/10.4467/20844131KS.21.025.14090The article sets out to present the history of the departments of Law and Criminal Procedure at the Faculty of Law and Social Sciences of the Stefan Batory University in Vilnius through the prism of the two professors Bronisław Wróblewski and Stefan Glaser. They differed in almost everything (except the place of employment); place of birth, almae matres, and above all the way of pursuing academic passion. Unfortunately, their relationship was significantly affected by their differences in the field of politics too. Wróblewski adamantly believed that criminal law and procedure should be lectured and researched separately, whereas Glaser felt otherwise, perhaps on account of his practical experience. The disputes between both of them concerned inter alia Glaser’s professorship appointment and his election to be dean, the reassignment of the academic tasks of their departments, and last but not least – granting them full professorships.
Marek Sobczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 355 - 368
https://doi.org/10.4467/20844131KS.21.026.14091In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today.
I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results.
In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.
Sławomir Godek
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 369 - 381
https://doi.org/10.4467/20844131KS.21.027.14092Oskar Kanecki’s book considerably broadens the state of knowledge of the judiciary of the Grand Duchy of Lithuania during the interregnum periods (16th–18th century). The work deals with the genesis, organisation and process before these courts in an interesting and wide-ranging way. It seems that a drawback of the book is the incomplete use of the Statute of Lithuania and legislation.
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 383 - 395
https://doi.org/10.4467/20844131KS.21.028.14093The Academic Portrait of the Creator of the Pure Theory of Law was written by Thomas Olechowski, a professor of the University of Vienna, and a historian of law with an established academic position, having outstanding expertise in the field of the history of the system of law in Austria in the 19th and 20th centuries. Olechowski collected impressive source material - mainly archival, including Kelsen’s extensive correspondence, university and administrative files connected with all the stages of his life and academic activity, and interviews with still-living persons (oral history) who had met Kelsen directly or indirectly. Owing to the obtained material, often secured through detailed source query in Austrian, Czech, German, and American archives, the author managed to correct and complete many details from his subject’s life and works. Hence, the reviewed biography of Kelsen provides a great deal of new information, which presents a view of his life and academic achievements through a multithreaded method. Various examples of little-known or completely unknown facts from H. Kelsen’s biography will be presented in the review.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 397 - 400
https://doi.org/10.4467/20844131KS.21.030.14095Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 401 - 402
https://doi.org/10.4467/20844131KS.21.032.14097Corjo J.H. Jansen
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 403 - 404
https://doi.org/10.4467/20844131KS.21.029.14094Katarzyna Kuras
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 405 - 409
https://doi.org/10.4467/20844131KS.21.031.14096Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 411 - 415
https://doi.org/10.4467/20844131KS.21.037.14102Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 417 - 420
https://doi.org/10.4467/20844131KS.21.033.14098* This overview is based on the Rechtshistorische Courant, a monthly newsletter from the Institute for Legal History at Ghent University, from January to December 2020 and on the websites of the Belgian universities and of several organizations, notably of the Institute for Legal History (http://www.rechtsgeschiedenis.be; accessed: 31.03.2021).
Adriana Švecová, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 421 - 424
https://doi.org/10.4467/20844131KS.21.034.14099Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 425 - 427
https://doi.org/10.4467/20844131KS.21.035.14100Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 429 - 431
https://doi.org/10.4467/20844131KS.21.036.14101Marta Baranowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 433 - 435
https://doi.org/10.4467/20844131KS.21.038.14103The report presents the international scientific conference “A Lost World? Jewish International Lawyers and New World Orders (1917–1951)”, which was organized in Jerusalem, May 24th–25th, 2021, by the International Law Forum of the Faculty of Law at the Hebrew University of Jerusalem, together with the Leibniz Institute for Jewish History and Culture – Simon Dubnow (Leipzig University) and the Jacob Robinson Institute at the Hebrew University of Jerusalem. The main topic was the contribution of Jewish international lawyers to the significant developments in international law in the first half of the 20th century.
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 437 - 439
https://doi.org/10.4467/20844131KS.21.039.14104Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 441 - 449
https://doi.org/10.4467/20844131KS.21.055.114589This text presents an outline of the academic and professional path of the late Professor Witold Wołodkiewicz (1929–2021). Wołodkiewicz was born in Warsaw and died there. He was an outstanding Polish scholar, lawyer, and humanist, and as an eminent expert and teacher in Roman law and ancient culture, he was a co-founder of the post-war Romanist studies in Poland. Wołodkiewicz was the author of many publications, such as Materfamilias and Obligationes ex variis causarum figuris. He was also a student and collaborator of the famous Italian Romanist Edoardo Volterra and initiated extensive Polish-Italian academic cooperation.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 451 - 451
https://doi.org/10.4467/20844131KS.21.040.14105Marcin Michalak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 287 - 305
https://doi.org/10.4467/20844131KS.21.023.14088The American model of medical malpractice liability has been the subject of lively public and scientific debate for years. This system is characterized by a large number of lawsuits against doctors and very high damages awarded in such cases. In turn, these phenomena contribute to the occurrence of so-called medical malpractice crisis. It seems that an important place in the proper understanding of the American model of physicians’ liability for medical malpractice may be the historical analysis of legal norms regulating this matter. The text claims that the modern specificity of the system of liability for medical malpractice is closely related to the development of American law in its formative period in the nineteenth century. The article indicates four features of the legal system developed at that time, which today are identified as responsible for a large number of lawsuits and high compensation in malpractice trials. These include, in particular, linking medical liability to the tort law regime, domination of the civil law dimension of liability for medical errors, the role of the jury in lawsuits for medical malpractice, and the method of remuneration of attorneys in such cases.
* The article was prepared thanks to the funds that the author received to prepare a doctoral dissertation on the development of medical malpractice liability in the United States of America from the National Science Center as part of financing a doctoral scholarship on the basis of decision number DEC-2015/16/T/HS5/00432.
Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 307 - 330
https://doi.org/10.4467/20844131KS.21.024.14089The aim of this paper is to present the in-depth study of the only one piece of the adjudication activity of the judiciary in the Free City of Cracow (1815–1846) – the Sawiczewscy case. Named after its subject, the division of the estate of well-known Cracow’s pharmacist and university professor Józef Sawiczewski, the case is the example of rich source of material for the researcher in the field of the application of the French law of succession in the Republic of Cracow. In its first part the article describes the case proceedings including written pleadings lodged by the parties, rulings of the Cracow’s courts: the Tribunal of First Instance, the Court of Appeal, the Court of Third Instance and also the opinion of the Professors and Doctors of the Faculty of Law of the Jagiellonian University. Due to that detailed analysis, the process of the interpretation of the Code civil regulations by the Cracow’s lawyers can be fully understood and properly evaluated. The comparative base for that evaluation is presented in the second part of the paper, which outlined the nineteenth century French interpretation of institutions of the law of succession applied in the case, i.e. the restitutions (rapports) and the disposable proportion (quotité disponible). As regards this base the outcomes are unsatisfactory since the members of the judiciary of the Free City of Kraków failed to meet not only the original intent but also the contemporary French understanding of the law of succession of the Code civil.
* Artykuł został przygotowany w ramach projektu badawczego Narodowego Centrum Nauki nr 2017/27/B/HS5/01308.
Przemysław Marcin Żukowski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 331 - 354
https://doi.org/10.4467/20844131KS.21.025.14090The article sets out to present the history of the departments of Law and Criminal Procedure at the Faculty of Law and Social Sciences of the Stefan Batory University in Vilnius through the prism of the two professors Bronisław Wróblewski and Stefan Glaser. They differed in almost everything (except the place of employment); place of birth, almae matres, and above all the way of pursuing academic passion. Unfortunately, their relationship was significantly affected by their differences in the field of politics too. Wróblewski adamantly believed that criminal law and procedure should be lectured and researched separately, whereas Glaser felt otherwise, perhaps on account of his practical experience. The disputes between both of them concerned inter alia Glaser’s professorship appointment and his election to be dean, the reassignment of the academic tasks of their departments, and last but not least – granting them full professorships.
Marek Sobczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 355 - 368
https://doi.org/10.4467/20844131KS.21.026.14091In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today.
I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results.
In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.
Sławomir Godek
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 369 - 381
https://doi.org/10.4467/20844131KS.21.027.14092Oskar Kanecki’s book considerably broadens the state of knowledge of the judiciary of the Grand Duchy of Lithuania during the interregnum periods (16th–18th century). The work deals with the genesis, organisation and process before these courts in an interesting and wide-ranging way. It seems that a drawback of the book is the incomplete use of the Statute of Lithuania and legislation.
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 383 - 395
https://doi.org/10.4467/20844131KS.21.028.14093The Academic Portrait of the Creator of the Pure Theory of Law was written by Thomas Olechowski, a professor of the University of Vienna, and a historian of law with an established academic position, having outstanding expertise in the field of the history of the system of law in Austria in the 19th and 20th centuries. Olechowski collected impressive source material - mainly archival, including Kelsen’s extensive correspondence, university and administrative files connected with all the stages of his life and academic activity, and interviews with still-living persons (oral history) who had met Kelsen directly or indirectly. Owing to the obtained material, often secured through detailed source query in Austrian, Czech, German, and American archives, the author managed to correct and complete many details from his subject’s life and works. Hence, the reviewed biography of Kelsen provides a great deal of new information, which presents a view of his life and academic achievements through a multithreaded method. Various examples of little-known or completely unknown facts from H. Kelsen’s biography will be presented in the review.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 397 - 400
https://doi.org/10.4467/20844131KS.21.030.14095Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 401 - 402
https://doi.org/10.4467/20844131KS.21.032.14097Corjo J.H. Jansen
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 403 - 404
https://doi.org/10.4467/20844131KS.21.029.14094Katarzyna Kuras
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 405 - 409
https://doi.org/10.4467/20844131KS.21.031.14096Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 411 - 415
https://doi.org/10.4467/20844131KS.21.037.14102Jens Van Paemel
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 417 - 420
https://doi.org/10.4467/20844131KS.21.033.14098* This overview is based on the Rechtshistorische Courant, a monthly newsletter from the Institute for Legal History at Ghent University, from January to December 2020 and on the websites of the Belgian universities and of several organizations, notably of the Institute for Legal History (http://www.rechtsgeschiedenis.be; accessed: 31.03.2021).
Adriana Švecová, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 421 - 424
https://doi.org/10.4467/20844131KS.21.034.14099Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 425 - 427
https://doi.org/10.4467/20844131KS.21.035.14100Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 429 - 431
https://doi.org/10.4467/20844131KS.21.036.14101Marta Baranowska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 433 - 435
https://doi.org/10.4467/20844131KS.21.038.14103The report presents the international scientific conference “A Lost World? Jewish International Lawyers and New World Orders (1917–1951)”, which was organized in Jerusalem, May 24th–25th, 2021, by the International Law Forum of the Faculty of Law at the Hebrew University of Jerusalem, together with the Leibniz Institute for Jewish History and Culture – Simon Dubnow (Leipzig University) and the Jacob Robinson Institute at the Hebrew University of Jerusalem. The main topic was the contribution of Jewish international lawyers to the significant developments in international law in the first half of the 20th century.
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 437 - 439
https://doi.org/10.4467/20844131KS.21.039.14104Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 441 - 449
https://doi.org/10.4467/20844131KS.21.055.114589This text presents an outline of the academic and professional path of the late Professor Witold Wołodkiewicz (1929–2021). Wołodkiewicz was born in Warsaw and died there. He was an outstanding Polish scholar, lawyer, and humanist, and as an eminent expert and teacher in Roman law and ancient culture, he was a co-founder of the post-war Romanist studies in Poland. Wołodkiewicz was the author of many publications, such as Materfamilias and Obligationes ex variis causarum figuris. He was also a student and collaborator of the famous Italian Romanist Edoardo Volterra and initiated extensive Polish-Italian academic cooperation.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 3, Volume 14 (2021), pp. 451 - 451
https://doi.org/10.4467/20844131KS.21.040.14105Publication date: 06.2021
Editors of the Issue 2: dr Michał
Karolina Wyrwińska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 127 - 151
https://doi.org/10.4467/20844131KS.21.011.13519Roman women – priestesses, patrician women, mysterious guardians of the sacred flame of goddess Vesta, admired and respected, sometimes blamed for misfortune of the Eternal City. Vestals identified with the eternity of Rome, the priestesses having a specific, unavailable to other women power. That power gained at the moment of a ritual capture (captio) and responsibilities and privileges resulted from it are the subject matter of this paper. The special attention is paid to the importance of Vestals for Rome and Romans in various historic moments, and to the purifying rituals performed by Vestals on behalf of the Roman state’s fortune. The study presents probable dating and possible causes of the end of the College of the Vestals in Rome.
Marcin Konarski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 153 - 187
https://doi.org/10.4467/20844131KS.21.012.13520In connection with the dramatic shortage of residential accommodations in the first years of Polish statehood after the regaining of independence in 1918, the way to guarantee their provision for military personnel (officers and married non-commissioned officers) and civilians (state and local government officials) was a statutory obligation to provide them by means of legal administrative coercion. The aim of this article is to analyse issues relating to the requisitioning of flats, and in particular, to analyse the sources of legislation in this area at that time, and judicial decisions of the administrative court with regard to complaints made to this court in cases concerning these requisitions.
Józef Koredczuk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 189 - 203
https://doi.org/10.4467/20844131KS.21.013.13521Diseases and the risk of death associated with them i.e. from plagues (epidemics), especially dangerous as virulence increased, led the legislature to provide in the provisions of the inheritance law for the testator to draw up a will which for its validity had less formal requirements than an ordinary will, but would be in force in the event of the sudden death of the testator. Such a possibility was included by the Austrian legislature in the possibility for such a person to take advantage of the privileged decree of last will, the rules of which are regulated in §§ 597–599 ABGB. According to these rules, in places where there was a plague or similar plagues, the testator could make a will before two people who were at least fourteen years old. At the same time, they did not have to be present due to the risk of contracting a disease. The laconic nature of the conditions enabling the use of a privileged will as defined in ABGB meant that in practice these issues had to be finally resolved by the judicature of the courts.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 205 - 219
https://doi.org/10.4467/20844131KS.21.014.13522After World War II, a number of territories that had belonged to Germany before 1945 were incorporated into those of the Polish state. The change of borders resulted in the need to build structures of the Polish judiciary and prosecutor’s offices in these territories. This article is devoted to describing the functioning of the Prosecutor’s Office of the Regional Court in Głogów with its seat in Nowa Sól. The history of this office is an example of how prosecutors’ offices operated in difficult post-war conditions in the recovered territories, as well as of relations between the prosecutors’ offices and other public authorities such as the Citizens’ Militia or the judiciary.
Konrad Graczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 221 - 257
https://doi.org/10.4467/20844131KS.21.015.13523The study was devoted to the legal opinion drawn up in the post-war trial against the German judge Albert Michel on the activities of German courts in Polish territories during the Nazi occupation. The scope of the opinion is broader than it appears from the title – Professor Władysław Wolter covered the entire German occupation including the actual German invasion in 1939. The text of the source was preceded by a discussion in which the circumstances of the opinion were explained, the author’s profile was presented, and its most important theses were characterised. The statements of the opinion were related to other views of the doctrine and jurisprudence, as well as the decisions issued in the Michel case.
* Tekst został opracowany w ramach projektu badawczego finansowanego przez Narodowe Centrum Nauki, Polska (2017/27/N/HS5/00423).
Aleksander Grebieniow
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 259 - 262
https://doi.org/10.4467/20844131KS.21.016.13524Books debunking stereotypes are particularly noteworthy. Such is the monograph of S. Lo Iacono. The author compares Italian, Swiss, and Roman laws to eventually demonstrate that contracts on succession do not in fact infringe the freedom of testation to the extent that they are usually thought to.
Nikodem Mrozek
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 263 - 267
https://doi.org/10.4467/20844131KS.21.017.13525“Commons – Jointly-used Goods: Comparative Aspects of the Use of Water Resources” further develops the theory of governing the dwindling resources, based on Professor Elinor Ostrom’s economic theory of Commons, and expands on it on legal science. The monograph highlights the increased effectiveness of bottom-up norms in preventing the complete depletion of the endangered resources while simultaneously satisfying the needs of the local community, if the public authorities decide to respect them. The legal and functional characteristics of those norms aren’t uniform in different legal traditions, which is shown by examples from various legal systems provided by the author. The author also acknowledges that the issue of property and restricting it in the interests of other people was often mentioned in Roman law, especially in arguments between Roman jurists about water easements. The review describes basic theses and their argumentation contained in the monograph and evaluates its substance, form, and the universal character of the referenced problem.
Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 268 - 270
https://doi.org/10.4467/20844131KS.21.018.13526The inspiring monograph of Piotr Alexandrowicz entitled “Canonistic Justification of Freedom of Contract in the Western Legal Tradition” clearly shows that the true creators of freedom of contract were not ancient Roman jurists or emperors, but medieval canonists. Based on Christian moral theology, they built the unique doctrine of obligations without which it is quite difficult to imagine contemporary legal transactions. Their thought was subsequently taken up and further developed by modern thinkers.
Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 271 - 275
https://doi.org/10.4467/20844131KS.21.019.13527The review discusses the latest book on the situation of public finances in Galicia during the period of autonomy (1867–1914). The author, using numerous statistical studies, materials of the Diet of Galicia and Lodomeria, and the National Department as well as academic literature (nineteenth-century and modern), presents Galicia’s place in the Austro-Hungarian tax system and recreates the structure of its budgets, as well as the financial situation of local government, and the basic principles of the social security system. This is all offered against a broad constitutional and political, as well as socio-economic, background. The result of the work is several important research theorems, which significantly enrich knowledge about Galicia.
Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 276 - 279
https://doi.org/10.4467/20844131KS.21.020.13528In People’s Poland, a distinct type of crime fiction was developed. Popular militia novels were entertaining, but also dictated attitudes towards the legal system.
Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 280 - 284
https://doi.org/10.4467/20844131KS.21.012.13529The review deals with a recently published book authored by John B. Nann and Morris L. Cohen and titled “The Yale Law School Guide to Research in American Legal History”. The modern, digital inclusive, approach to research in legal history presented by the book’s authors, provides a basis for the further comments gathered in the review. The review aims to convince Polish scholars to create a similar tool for young acolytes of legal history.
Izabela Leraczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 285 - 286
https://doi.org/10.4467/20844131KS.21.022.13530The: “English Law and Colonial Connections: Histories, Parallels, and Influences conference” was held over the course of two afternoons, on January 26–27, 2020. It was organized by the Faculty of Law and Administration of the University of Łódź and Northumbria University in Newcastle. The symposium’s goal was to bring together researchers with interests in the history of English law and its influences on other parts of the world, particularly within an imperial context. An additional topic of the conference was the meaning of legacies and continuing influences of the empire and colonial influences of the law back to the Metropole. Nine lectures were delivered over the course of four sessions.
Karolina Wyrwińska
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 127 - 151
https://doi.org/10.4467/20844131KS.21.011.13519Roman women – priestesses, patrician women, mysterious guardians of the sacred flame of goddess Vesta, admired and respected, sometimes blamed for misfortune of the Eternal City. Vestals identified with the eternity of Rome, the priestesses having a specific, unavailable to other women power. That power gained at the moment of a ritual capture (captio) and responsibilities and privileges resulted from it are the subject matter of this paper. The special attention is paid to the importance of Vestals for Rome and Romans in various historic moments, and to the purifying rituals performed by Vestals on behalf of the Roman state’s fortune. The study presents probable dating and possible causes of the end of the College of the Vestals in Rome.
Marcin Konarski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 153 - 187
https://doi.org/10.4467/20844131KS.21.012.13520In connection with the dramatic shortage of residential accommodations in the first years of Polish statehood after the regaining of independence in 1918, the way to guarantee their provision for military personnel (officers and married non-commissioned officers) and civilians (state and local government officials) was a statutory obligation to provide them by means of legal administrative coercion. The aim of this article is to analyse issues relating to the requisitioning of flats, and in particular, to analyse the sources of legislation in this area at that time, and judicial decisions of the administrative court with regard to complaints made to this court in cases concerning these requisitions.
Józef Koredczuk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 189 - 203
https://doi.org/10.4467/20844131KS.21.013.13521Diseases and the risk of death associated with them i.e. from plagues (epidemics), especially dangerous as virulence increased, led the legislature to provide in the provisions of the inheritance law for the testator to draw up a will which for its validity had less formal requirements than an ordinary will, but would be in force in the event of the sudden death of the testator. Such a possibility was included by the Austrian legislature in the possibility for such a person to take advantage of the privileged decree of last will, the rules of which are regulated in §§ 597–599 ABGB. According to these rules, in places where there was a plague or similar plagues, the testator could make a will before two people who were at least fourteen years old. At the same time, they did not have to be present due to the risk of contracting a disease. The laconic nature of the conditions enabling the use of a privileged will as defined in ABGB meant that in practice these issues had to be finally resolved by the judicature of the courts.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 205 - 219
https://doi.org/10.4467/20844131KS.21.014.13522After World War II, a number of territories that had belonged to Germany before 1945 were incorporated into those of the Polish state. The change of borders resulted in the need to build structures of the Polish judiciary and prosecutor’s offices in these territories. This article is devoted to describing the functioning of the Prosecutor’s Office of the Regional Court in Głogów with its seat in Nowa Sól. The history of this office is an example of how prosecutors’ offices operated in difficult post-war conditions in the recovered territories, as well as of relations between the prosecutors’ offices and other public authorities such as the Citizens’ Militia or the judiciary.
Konrad Graczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 221 - 257
https://doi.org/10.4467/20844131KS.21.015.13523The study was devoted to the legal opinion drawn up in the post-war trial against the German judge Albert Michel on the activities of German courts in Polish territories during the Nazi occupation. The scope of the opinion is broader than it appears from the title – Professor Władysław Wolter covered the entire German occupation including the actual German invasion in 1939. The text of the source was preceded by a discussion in which the circumstances of the opinion were explained, the author’s profile was presented, and its most important theses were characterised. The statements of the opinion were related to other views of the doctrine and jurisprudence, as well as the decisions issued in the Michel case.
* Tekst został opracowany w ramach projektu badawczego finansowanego przez Narodowe Centrum Nauki, Polska (2017/27/N/HS5/00423).
Aleksander Grebieniow
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 259 - 262
https://doi.org/10.4467/20844131KS.21.016.13524Books debunking stereotypes are particularly noteworthy. Such is the monograph of S. Lo Iacono. The author compares Italian, Swiss, and Roman laws to eventually demonstrate that contracts on succession do not in fact infringe the freedom of testation to the extent that they are usually thought to.
Nikodem Mrozek
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 263 - 267
https://doi.org/10.4467/20844131KS.21.017.13525“Commons – Jointly-used Goods: Comparative Aspects of the Use of Water Resources” further develops the theory of governing the dwindling resources, based on Professor Elinor Ostrom’s economic theory of Commons, and expands on it on legal science. The monograph highlights the increased effectiveness of bottom-up norms in preventing the complete depletion of the endangered resources while simultaneously satisfying the needs of the local community, if the public authorities decide to respect them. The legal and functional characteristics of those norms aren’t uniform in different legal traditions, which is shown by examples from various legal systems provided by the author. The author also acknowledges that the issue of property and restricting it in the interests of other people was often mentioned in Roman law, especially in arguments between Roman jurists about water easements. The review describes basic theses and their argumentation contained in the monograph and evaluates its substance, form, and the universal character of the referenced problem.
Maciej Jońca
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 268 - 270
https://doi.org/10.4467/20844131KS.21.018.13526The inspiring monograph of Piotr Alexandrowicz entitled “Canonistic Justification of Freedom of Contract in the Western Legal Tradition” clearly shows that the true creators of freedom of contract were not ancient Roman jurists or emperors, but medieval canonists. Based on Christian moral theology, they built the unique doctrine of obligations without which it is quite difficult to imagine contemporary legal transactions. Their thought was subsequently taken up and further developed by modern thinkers.
Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 271 - 275
https://doi.org/10.4467/20844131KS.21.019.13527The review discusses the latest book on the situation of public finances in Galicia during the period of autonomy (1867–1914). The author, using numerous statistical studies, materials of the Diet of Galicia and Lodomeria, and the National Department as well as academic literature (nineteenth-century and modern), presents Galicia’s place in the Austro-Hungarian tax system and recreates the structure of its budgets, as well as the financial situation of local government, and the basic principles of the social security system. This is all offered against a broad constitutional and political, as well as socio-economic, background. The result of the work is several important research theorems, which significantly enrich knowledge about Galicia.
Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 276 - 279
https://doi.org/10.4467/20844131KS.21.020.13528In People’s Poland, a distinct type of crime fiction was developed. Popular militia novels were entertaining, but also dictated attitudes towards the legal system.
Łukasz Jan Korporowicz
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 280 - 284
https://doi.org/10.4467/20844131KS.21.012.13529The review deals with a recently published book authored by John B. Nann and Morris L. Cohen and titled “The Yale Law School Guide to Research in American Legal History”. The modern, digital inclusive, approach to research in legal history presented by the book’s authors, provides a basis for the further comments gathered in the review. The review aims to convince Polish scholars to create a similar tool for young acolytes of legal history.
Izabela Leraczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 2, Volume 14 (2021), pp. 285 - 286
https://doi.org/10.4467/20844131KS.21.022.13530The: “English Law and Colonial Connections: Histories, Parallels, and Influences conference” was held over the course of two afternoons, on January 26–27, 2020. It was organized by the Faculty of Law and Administration of the University of Łódź and Northumbria University in Newcastle. The symposium’s goal was to bring together researchers with interests in the history of English law and its influences on other parts of the world, particularly within an imperial context. An additional topic of the conference was the meaning of legacies and continuing influences of the empire and colonial influences of the law back to the Metropole. Nine lectures were delivered over the course of four sessions.
Publication date: 2021
Joanna Machut-Kowalczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 1 - 15
https://doi.org/10.4467/20844131KS.21.001.13268The law in the Kingdom of Poland regulated the use of alternative forms of signature. The files of the courts of peace in Zgierz and Łódźabound in examples of their use. In guardianship documents, we most often find three crosses in lieu of a signature (in applications) or a mention of the illiteracy of the participants in the proceedings (minutes of meetings and resolutions). In the simple police department’s cases, Christians signed with crosses, while Jews drew three circles or signed in Hebrew. In each case, the official (a person witnessing the ‘signature’) attested that the signs were made by a specific person.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 17 - 29
https://doi.org/10.4467/20844131KS.21.002.13269The regulations of the economic competition agreement were introduced by the 20th Act of 1931 after the economic crisis attention to the cartel regulations in Europe in the interwar period. We can realize that the regulation of the unfair business completion has a long codification history which started in the period of the Dualism. Before the end of dualism the Hungary regulated some question related to the cartels special attention to the circulation of commodities. In my presentation, I aim to describe the Hungarian and European codification antecedents and steps (for example: the regulation of industry) of the first Hungarian Cartel Act. This codification process was very important in Hungarian economy and social life because the economic changes started processes in both the field of legal life and legal sciences, and as a result of this, a demand arose to legally codify any rules in connection to cartels. The foundations of these were found in private law, especially in the regulations of the commercial law, which could be further elaborated upon and lead to a development of the regulations on the annulment of contracts in connection to dishonourable business competition.
* Supported by János Bolyai Research Scholarship (BO/00198/18/9). Almási, A háborúhatása, 8.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 31 - 57
https://doi.org/10.4467/20844131KS.21.003.13270This paper is the result of the continuation of ongoing studies on the penal provisions of the Polish Copyright Law of 1926. Some of the research results were presented in the article titled The Penal Provisions of the Polish Copyright Law of 1926. The History of Its Creation –Its General Characteristics –Art. 61 and Its Significance for Further Regulations, which was published in “Cracow Studies of Constitutional and Legal History”(2018, issue 4). This text is a presentation of the analysis of special provisions regulating penal liability for the offences of overprint and plagiarism. Further in the article, the notion of the subjective side is discussed in relation to the offences defined in the Polish Copyright Law of 1926 and also the penal sanctions provided for these offences. In the analysis of the specific problems, emphasis is placed on the course of works on the regulations conducted by the Codification Commission and by the Parliament as well as on the issues related to their application. This approach makes it possible to reconstruct the fundamental legal problems faced by the codifiers and subsequently by the system of justice applying the relevant regulations. The studies concerning the application of copyright law were mainly focused on the judicial practice of the District Court in Kraków. They were based on the court registers and records from the interwar period stored in the National Archives in Kraków. The archival research discovered that the cases concerning the infringement of copyright constituted barely 0.09% of all criminal cases lodged with the District Court in Kraków in the 1930s. In that period, only five persons were definitely sentenced in this respect. Even though there were few criminal cases concerning copyright infringement in the times of the Second Polish Republic, the rulings issued, especially those issued by the Supreme Court, undoubtedly influenced the formation of jurisprudence regarding the interpretation of copyright, and they continue to be cited in pertinent literature up to this day.
Hubert Mielnik
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 59 - 82
https://doi.org/10.4467/20844131KS.21.004.13271The German occupiers abolished the Supreme Court in the General Government. In the Polish (non-German) judiciary sector, there was no court of the highest instance to ensure the unification of jurisprudence. The competence to ensure the uniformity of jurisprudence and resolve existing doubts and legal issues was transferred to the courts of appeal. The objective of the present article was to demonstrate the procedure and practice of issuing legal theses by the Court of Appeal in Kraków. The article also presents changes in the composition of the judges and the territorial jurisdiction of the Kraków Court of Appeal. Archival sources constitute the source basis of the work. We also resorted to the latest subject literature. The work is based mainly on the analysis of archival sources and legal acts, so the scientific methods typical of the history of law were applied.
*The present publication was elaborated as part of the research project entitled “Charakter prawny i rola tez prawnych uchwalanych przez polskie (nieniemieckie) sądy apelacyjne w Generalnym Gubernatorstwie w okresie II wojny światowej” financed by the National Science Center, Poland –under contract No. UMO-2017/27/N/HS5/00812.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 83 - 115
https://doi.org/10.4467/20844131KS.21.005.13272The present source publication is the fifth in a series encompassing the most important documents related to preparations for the replacement of French codes with national codification written by the Civil Reform Committee which worked between 1814 and 1815. Herein are contained the minutes of the sessions held by the Committee which concern a key debate among its members who argued as to whether to derogate the French Code of Civil Procedure in its entirety or only in fragments which were considered to be the most burdensome in Polish realities. Moreover, the publication also includes the first part of “The project of the civil judicial procedure in first instance”(primary procedure) presented by Franciszek Grabowski, a preeminent traditionalist in the Committee, along with fragments of the minutes reporting the course of the discussion concerning the project. Together with the second part of the proposition submitted by Grabowski encompassing enforcement proceedings, a counterproject of the code of civil procedure by progressive judge Antoni Bieńkowski, as well as a debate over these two proposals, which are to be published in the next issues of “Krakowskie Studia z Historii Państwa i Prawa”, the materials presented below portray the crux of the debate held over the Code de procedure civile of 1806, which aroused much controversy, and which was in fact the most criticized part of the French legislation in force in Polish territories.
* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 117 - 118
https://doi.org/10.4467/20844131KS.21.006.13273
The new book by Prof. Orsolya Falus concerns hospitalier orders of knights in Hungary during the reign of the Arpad dynasty. The topic undertaken by the author is largely unknown in Poland, and therefore worth presenting. The author, a graduate of the University of Pécs, dealt with six orders that were active during the reign of the Arpads and had hospitalier profiles in their activities.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 119 - 120
https://doi.org/10.4467/20844131KS.21.008.13275The book presented is a critical source edition of the three oldest accounts of the city of Przemyśl (manuscripts of the State Archives in Przemyśl, Shelfmarks 297, 298, and 299). The short description of the edition focuses on the use of these types of sources in research in the field of legal history, and emphasizes the richness of the critical apparatus developed by publishers.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 121 - 122
https://doi.org/10.4467/20844131KS.21.009.13276The note presents the structure of the volume, including the method of summarizing documents in the form of a short abstract and a more extensive register –in English and Polish. Attention was also paid to the research value of sources concerning the Jewish self-government in the Polish-Lithuanian Commonwealth in the seventeenth and eighteenth centuries. The volume provides valuable material for research in the field of the history of law, for example the legal grounds for judgments.
Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 123 - 125
https://doi.org/10.4467/20844131KS.21.010.13277This review presents a book recently authored by Łukasz Jan Korporowicz on the presence of Roman law in eighteenth century England. The book is divided into five chapters that deal with following issues: 1) teaching of ius civile in Oxbridge, 2) teaching of ius civile outside the universities, 3) the study of Roman law and obtaining formal degrees, 4) the impact of civil lawyers on the socio-political environment of England, and finally, 5) literature on Roman law.
Joanna Machut-Kowalczyk
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 1 - 15
https://doi.org/10.4467/20844131KS.21.001.13268The law in the Kingdom of Poland regulated the use of alternative forms of signature. The files of the courts of peace in Zgierz and Łódźabound in examples of their use. In guardianship documents, we most often find three crosses in lieu of a signature (in applications) or a mention of the illiteracy of the participants in the proceedings (minutes of meetings and resolutions). In the simple police department’s cases, Christians signed with crosses, while Jews drew three circles or signed in Hebrew. In each case, the official (a person witnessing the ‘signature’) attested that the signs were made by a specific person.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 17 - 29
https://doi.org/10.4467/20844131KS.21.002.13269The regulations of the economic competition agreement were introduced by the 20th Act of 1931 after the economic crisis attention to the cartel regulations in Europe in the interwar period. We can realize that the regulation of the unfair business completion has a long codification history which started in the period of the Dualism. Before the end of dualism the Hungary regulated some question related to the cartels special attention to the circulation of commodities. In my presentation, I aim to describe the Hungarian and European codification antecedents and steps (for example: the regulation of industry) of the first Hungarian Cartel Act. This codification process was very important in Hungarian economy and social life because the economic changes started processes in both the field of legal life and legal sciences, and as a result of this, a demand arose to legally codify any rules in connection to cartels. The foundations of these were found in private law, especially in the regulations of the commercial law, which could be further elaborated upon and lead to a development of the regulations on the annulment of contracts in connection to dishonourable business competition.
* Supported by János Bolyai Research Scholarship (BO/00198/18/9). Almási, A háborúhatása, 8.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 31 - 57
https://doi.org/10.4467/20844131KS.21.003.13270This paper is the result of the continuation of ongoing studies on the penal provisions of the Polish Copyright Law of 1926. Some of the research results were presented in the article titled The Penal Provisions of the Polish Copyright Law of 1926. The History of Its Creation –Its General Characteristics –Art. 61 and Its Significance for Further Regulations, which was published in “Cracow Studies of Constitutional and Legal History”(2018, issue 4). This text is a presentation of the analysis of special provisions regulating penal liability for the offences of overprint and plagiarism. Further in the article, the notion of the subjective side is discussed in relation to the offences defined in the Polish Copyright Law of 1926 and also the penal sanctions provided for these offences. In the analysis of the specific problems, emphasis is placed on the course of works on the regulations conducted by the Codification Commission and by the Parliament as well as on the issues related to their application. This approach makes it possible to reconstruct the fundamental legal problems faced by the codifiers and subsequently by the system of justice applying the relevant regulations. The studies concerning the application of copyright law were mainly focused on the judicial practice of the District Court in Kraków. They were based on the court registers and records from the interwar period stored in the National Archives in Kraków. The archival research discovered that the cases concerning the infringement of copyright constituted barely 0.09% of all criminal cases lodged with the District Court in Kraków in the 1930s. In that period, only five persons were definitely sentenced in this respect. Even though there were few criminal cases concerning copyright infringement in the times of the Second Polish Republic, the rulings issued, especially those issued by the Supreme Court, undoubtedly influenced the formation of jurisprudence regarding the interpretation of copyright, and they continue to be cited in pertinent literature up to this day.
Hubert Mielnik
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 59 - 82
https://doi.org/10.4467/20844131KS.21.004.13271The German occupiers abolished the Supreme Court in the General Government. In the Polish (non-German) judiciary sector, there was no court of the highest instance to ensure the unification of jurisprudence. The competence to ensure the uniformity of jurisprudence and resolve existing doubts and legal issues was transferred to the courts of appeal. The objective of the present article was to demonstrate the procedure and practice of issuing legal theses by the Court of Appeal in Kraków. The article also presents changes in the composition of the judges and the territorial jurisdiction of the Kraków Court of Appeal. Archival sources constitute the source basis of the work. We also resorted to the latest subject literature. The work is based mainly on the analysis of archival sources and legal acts, so the scientific methods typical of the history of law were applied.
*The present publication was elaborated as part of the research project entitled “Charakter prawny i rola tez prawnych uchwalanych przez polskie (nieniemieckie) sądy apelacyjne w Generalnym Gubernatorstwie w okresie II wojny światowej” financed by the National Science Center, Poland –under contract No. UMO-2017/27/N/HS5/00812.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 83 - 115
https://doi.org/10.4467/20844131KS.21.005.13272The present source publication is the fifth in a series encompassing the most important documents related to preparations for the replacement of French codes with national codification written by the Civil Reform Committee which worked between 1814 and 1815. Herein are contained the minutes of the sessions held by the Committee which concern a key debate among its members who argued as to whether to derogate the French Code of Civil Procedure in its entirety or only in fragments which were considered to be the most burdensome in Polish realities. Moreover, the publication also includes the first part of “The project of the civil judicial procedure in first instance”(primary procedure) presented by Franciszek Grabowski, a preeminent traditionalist in the Committee, along with fragments of the minutes reporting the course of the discussion concerning the project. Together with the second part of the proposition submitted by Grabowski encompassing enforcement proceedings, a counterproject of the code of civil procedure by progressive judge Antoni Bieńkowski, as well as a debate over these two proposals, which are to be published in the next issues of “Krakowskie Studia z Historii Państwa i Prawa”, the materials presented below portray the crux of the debate held over the Code de procedure civile of 1806, which aroused much controversy, and which was in fact the most criticized part of the French legislation in force in Polish territories.
* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 117 - 118
https://doi.org/10.4467/20844131KS.21.006.13273
The new book by Prof. Orsolya Falus concerns hospitalier orders of knights in Hungary during the reign of the Arpad dynasty. The topic undertaken by the author is largely unknown in Poland, and therefore worth presenting. The author, a graduate of the University of Pécs, dealt with six orders that were active during the reign of the Arpads and had hospitalier profiles in their activities.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 119 - 120
https://doi.org/10.4467/20844131KS.21.008.13275The book presented is a critical source edition of the three oldest accounts of the city of Przemyśl (manuscripts of the State Archives in Przemyśl, Shelfmarks 297, 298, and 299). The short description of the edition focuses on the use of these types of sources in research in the field of legal history, and emphasizes the richness of the critical apparatus developed by publishers.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 121 - 122
https://doi.org/10.4467/20844131KS.21.009.13276The note presents the structure of the volume, including the method of summarizing documents in the form of a short abstract and a more extensive register –in English and Polish. Attention was also paid to the research value of sources concerning the Jewish self-government in the Polish-Lithuanian Commonwealth in the seventeenth and eighteenth centuries. The volume provides valuable material for research in the field of the history of law, for example the legal grounds for judgments.
Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 14, Issue 1, Volume 14 (2021), pp. 123 - 125
https://doi.org/10.4467/20844131KS.21.010.13277This review presents a book recently authored by Łukasz Jan Korporowicz on the presence of Roman law in eighteenth century England. The book is divided into five chapters that deal with following issues: 1) teaching of ius civile in Oxbridge, 2) teaching of ius civile outside the universities, 3) the study of Roman law and obtaining formal degrees, 4) the impact of civil lawyers on the socio-political environment of England, and finally, 5) literature on Roman law.
Publication date: 2020
Issue editors: dr Michał
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
The publication has been sponsored by Jagiellonian University in Krakow.
The publication has been sponsored by CANPACK S.A.
Andrzej Dzikowski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 429 - 442
https://doi.org/10.4467/20844131KS.20.033.12758The aim of the study is to reveal the connections and inspirations between Roman and contemporary regulations of warranty, as an element of European heritage. The material for the study consists of Justinian’s “Digest”, Gellius’and Cato’s works, contemporary Polish warranty legislation –the Civil Code, its amendments and executive acts. Juridical, medical and philosophical views of ancient Roman lawyers on animal health in the mentioned material were examined and analyzed. The views of the ancient Romans reflected in Polish civil law were pointed out. Studies have been carried out, comparing the ideas that provide the background for legal norms of warranty. It has been proved how different defining of health and disease in veterinary medicine can affect divergent legal regulations in relation to animals sold. The functionality criterion was affirmed to be applicable not only as one of warranty premises, but also as a motor for legal development.
Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 443 - 468
https://doi.org/10.4467/20844131KS.20.034.12759In this article, the author tries to present Paul Orosius’s political doctrine, taking its connection with the tradition of imperial theology of Eusebius of Caesarea and the philosophy of Augustine of Hippo as references. The main source material is the historiographic study of Orosius from the beginning of the 5th century – Seven Books of History Against the Pagans. The considerations focus on the interpretation of four key themes: the Roman Empire, monotheism, peace, and Christianity. Orosius shares the prevalent belief of Christian writers of the late antiquity, that God gives special protection to the Roman Empire. He emphasizes the importance of the peace that prevailed in the time of Augustus, and gives theological and political interpretation of the temporal coincidence of Octavian’s reign and Christ’s birth. On the basis of proper interpretation of symbolic historical events, Orosius built a kind of political ecclesiology. This doctrine advanced the principal that the Roman state and the Church were united by a common mission to promote the Christian faith. At the same time, in Book Seven, Orosius confronts an attempt at the historiosophical interpretation of barbarian invasions that threatened the prosperity of the empire. Based on factual material, he relativizes the relationship between the Roman Empire and Christianity. The state appears as a subsidiary power to the Church’s evangelizing mission, which concept is also reflected in the ethos of the good ruler proposed by Orosius.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 469 - 489
https://doi.org/10.4467/20844131KS.20.035.12760Since judges played a significant role in a justice system founded upon customary law and court praxis, it comes as no surprise that their conduct was widely commented on in 16th and 17th century Poland. The purpose of this article is to introduce a literary image of judges and their profession during a given period of time. In poetry and political works one could find either positive or negative impressions of an old-Polish judicial officer. The former was rather infrequent and usually performed the function of literary speculum of the profession, in which impartiality and fairness were emphasized the most. The latter was ubiquitous. Judges were repeatedly condemned for their favouritism and partisanship (especially towards moneyed or powerful interests), as well as their susceptibility to both bribery and undue leniency. No wonder the aphorism spread: “Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through”. Unfortunately, the authors hardly ever provided readers with concrete remedies, but demanded most importantly improvement in virtue. The coexistence of the two different images of judges proves that the society of that time craved esteemed and highly regarded judicial officers, who, above all, were expected to be impartial and objective.
Jan Widacki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 491 - 509
https://doi.org/10.4467/20844131KS.20.036.12761The publication of Cesare Lombroso’s The Criminal Man in 1876 is generally considered the birth of criminology. The new science did not emerge all of a sudden but resulted from a longer process. Various attempts, feasible for the scientific method at successive stages of its development, were made to explain the reasons for criminality before the arrival of the era of positivism and contemporary science, and the construction of Lombroso’s theory of the born criminal. Franz Joseph Gall proposed the theory of phrenology, claiming that the shape of the brain is decisive for criminal tendencies. Philippe Pinel perceived the cause of crime in “mania without delirium”, and James C. Prichard in “moral insanity”. The developing social sciences and the positivist physicalism governing them made it possible to handle the statistical aspects of the phenomenon (A.M. Guerry, A. Quetelet). Such novel scientific information reached Poland mostly through physicians, yet was hardly interesting for lawyers brought up on the foundations of the classical school. In criminal law, they a priori rejected determinism together with the achievements of contemporary science. The first of the Polish lawyers to support the concept of determinism in human and social behaviours was professor of criminal law Józef MichałRosenblatt. He also realised that the new discipline of criminology, distinct from criminal law, was being born. In 1888 Ludwik Krzywicki, a social philosopher, teacher, and sociologist could have been the first to use the term “kryminologia”in Poland. He also challenged Lombroso’s theory, criticising it from Marxist and sociological positions. However, one of the most fascinating Polish criminologists of the late 19th century was professor of forensic medicine Leon Wachholz.
Joachim Popek
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 511 - 527
https://doi.org/10.4467/20844131KS.20.040.13010The basic issue of the article concerns the peasants’problems with respect to common rights of forest and pasturage (which in Austria was called Servituten). The issue has never been adequately researched, but rather has only been described in a general or fragmentary way. The examples of the villages of Odrzykońand Bratkówka (which belonged to one estate at the time), illustrate the peasants’struggles over issues such as rights to wood, forest litter, and grazing of their cattle on the noblemen’s estates. In a chronological structure the article presents the most important events that influenced the functioning, evolution, and attempts of peasants to gain confirmation of these rights. It also contains information about the process of regulation their laws in the second half of the 19th century. Therefore, the main issue of the article regards the question of the inequality of the peasant’s chances despite the law’s theoretical equality.
Dorota Wiśniewska
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 529 - 543
https://doi.org/10.4467/20844131KS.20.037.12762On July 18, 1917, the Provisional Council of State approved “Temporary Provisions on the Organization of the Judiciary in the Kingdom of Poland”. These regulations granted the organization and functioning of the courts in the area of the newly created Kingdom of Poland, and was therefore binding in Łódź. It specified, inter alia, the rules for appointing lay judges to the courts of peace and regional courts. In Łódź, the implementation of the rules met numerous problems, related for example to the increase in the number of cases that were to be resolved with the participation of lay judges. There was also a problem with the initially low salary received by lay judges and the time needed by the City Council of Łódźto select candidates.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 545 - 547
https://doi.org/10.4467/20844131KS.20.038.12763Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 549 - 551
https://doi.org/10.4467/20844131KS.20.039.12764Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 545 - 547
https://doi.org/10.4467/20844131KS.20.038.12763Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 549 - 551
https://doi.org/10.4467/20844131KS.20.039.12764Andrzej Dzikowski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 429 - 442
https://doi.org/10.4467/20844131KS.20.033.12758The aim of the study is to reveal the connections and inspirations between Roman and contemporary regulations of warranty, as an element of European heritage. The material for the study consists of Justinian’s “Digest”, Gellius’and Cato’s works, contemporary Polish warranty legislation –the Civil Code, its amendments and executive acts. Juridical, medical and philosophical views of ancient Roman lawyers on animal health in the mentioned material were examined and analyzed. The views of the ancient Romans reflected in Polish civil law were pointed out. Studies have been carried out, comparing the ideas that provide the background for legal norms of warranty. It has been proved how different defining of health and disease in veterinary medicine can affect divergent legal regulations in relation to animals sold. The functionality criterion was affirmed to be applicable not only as one of warranty premises, but also as a motor for legal development.
Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 443 - 468
https://doi.org/10.4467/20844131KS.20.034.12759In this article, the author tries to present Paul Orosius’s political doctrine, taking its connection with the tradition of imperial theology of Eusebius of Caesarea and the philosophy of Augustine of Hippo as references. The main source material is the historiographic study of Orosius from the beginning of the 5th century – Seven Books of History Against the Pagans. The considerations focus on the interpretation of four key themes: the Roman Empire, monotheism, peace, and Christianity. Orosius shares the prevalent belief of Christian writers of the late antiquity, that God gives special protection to the Roman Empire. He emphasizes the importance of the peace that prevailed in the time of Augustus, and gives theological and political interpretation of the temporal coincidence of Octavian’s reign and Christ’s birth. On the basis of proper interpretation of symbolic historical events, Orosius built a kind of political ecclesiology. This doctrine advanced the principal that the Roman state and the Church were united by a common mission to promote the Christian faith. At the same time, in Book Seven, Orosius confronts an attempt at the historiosophical interpretation of barbarian invasions that threatened the prosperity of the empire. Based on factual material, he relativizes the relationship between the Roman Empire and Christianity. The state appears as a subsidiary power to the Church’s evangelizing mission, which concept is also reflected in the ethos of the good ruler proposed by Orosius.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 469 - 489
https://doi.org/10.4467/20844131KS.20.035.12760Since judges played a significant role in a justice system founded upon customary law and court praxis, it comes as no surprise that their conduct was widely commented on in 16th and 17th century Poland. The purpose of this article is to introduce a literary image of judges and their profession during a given period of time. In poetry and political works one could find either positive or negative impressions of an old-Polish judicial officer. The former was rather infrequent and usually performed the function of literary speculum of the profession, in which impartiality and fairness were emphasized the most. The latter was ubiquitous. Judges were repeatedly condemned for their favouritism and partisanship (especially towards moneyed or powerful interests), as well as their susceptibility to both bribery and undue leniency. No wonder the aphorism spread: “Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through”. Unfortunately, the authors hardly ever provided readers with concrete remedies, but demanded most importantly improvement in virtue. The coexistence of the two different images of judges proves that the society of that time craved esteemed and highly regarded judicial officers, who, above all, were expected to be impartial and objective.
Jan Widacki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 491 - 509
https://doi.org/10.4467/20844131KS.20.036.12761The publication of Cesare Lombroso’s The Criminal Man in 1876 is generally considered the birth of criminology. The new science did not emerge all of a sudden but resulted from a longer process. Various attempts, feasible for the scientific method at successive stages of its development, were made to explain the reasons for criminality before the arrival of the era of positivism and contemporary science, and the construction of Lombroso’s theory of the born criminal. Franz Joseph Gall proposed the theory of phrenology, claiming that the shape of the brain is decisive for criminal tendencies. Philippe Pinel perceived the cause of crime in “mania without delirium”, and James C. Prichard in “moral insanity”. The developing social sciences and the positivist physicalism governing them made it possible to handle the statistical aspects of the phenomenon (A.M. Guerry, A. Quetelet). Such novel scientific information reached Poland mostly through physicians, yet was hardly interesting for lawyers brought up on the foundations of the classical school. In criminal law, they a priori rejected determinism together with the achievements of contemporary science. The first of the Polish lawyers to support the concept of determinism in human and social behaviours was professor of criminal law Józef MichałRosenblatt. He also realised that the new discipline of criminology, distinct from criminal law, was being born. In 1888 Ludwik Krzywicki, a social philosopher, teacher, and sociologist could have been the first to use the term “kryminologia”in Poland. He also challenged Lombroso’s theory, criticising it from Marxist and sociological positions. However, one of the most fascinating Polish criminologists of the late 19th century was professor of forensic medicine Leon Wachholz.
Joachim Popek
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 511 - 527
https://doi.org/10.4467/20844131KS.20.040.13010The basic issue of the article concerns the peasants’problems with respect to common rights of forest and pasturage (which in Austria was called Servituten). The issue has never been adequately researched, but rather has only been described in a general or fragmentary way. The examples of the villages of Odrzykońand Bratkówka (which belonged to one estate at the time), illustrate the peasants’struggles over issues such as rights to wood, forest litter, and grazing of their cattle on the noblemen’s estates. In a chronological structure the article presents the most important events that influenced the functioning, evolution, and attempts of peasants to gain confirmation of these rights. It also contains information about the process of regulation their laws in the second half of the 19th century. Therefore, the main issue of the article regards the question of the inequality of the peasant’s chances despite the law’s theoretical equality.
Dorota Wiśniewska
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 4, Volume 13 (2020), pp. 529 - 543
https://doi.org/10.4467/20844131KS.20.037.12762On July 18, 1917, the Provisional Council of State approved “Temporary Provisions on the Organization of the Judiciary in the Kingdom of Poland”. These regulations granted the organization and functioning of the courts in the area of the newly created Kingdom of Poland, and was therefore binding in Łódź. It specified, inter alia, the rules for appointing lay judges to the courts of peace and regional courts. In Łódź, the implementation of the rules met numerous problems, related for example to the increase in the number of cases that were to be resolved with the participation of lay judges. There was also a problem with the initially low salary received by lay judges and the time needed by the City Council of Łódźto select candidates.
Publication date: 30.09.2020
Editors of the Issue 3: dr Michał
Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji.
The publication has been sponsored by Jagiellonian University in Krakow.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 257 - 271
https://doi.org/10.4467/20844131KS.20.019.12515In church law, the union of churches (unio ecclesiarum) concerned the merger of two and more dioceses under the same bishop. In the Middle Ages, canonists were already pointing to three types of union: 1) aeque principalis; 2) unio per subiectionem, when one of the churches was subject to the other and thus the episcopal dignity remained only in that one, and finally, the third kind, called 3) unio per extinctionem, when two particular churches, usually dioceses, were merged into a single new one. The canonical achievements in the field of union of churches and benefices were collected and summarized, among others, in the treatise De unionibus ecclesiarum atque beneficiorum by Nicolaus Thilen, and in the work of Anaclet Reiffenstuel entitled Ius canonicum universum. The three types of union of churches and benefices presented above, distinguished by their mergers, were adopted into the Code of Canon Law of 1917 (canons 1419 and 1420). The 450th anniversary of the union concluded on July 1, 1569 in Lublin was celebrated in 2019. As a result of this union the Kingdom of Poland, called the Crown, merged with the Grand Duchy of Lithuania. The canonical models of the union of churches and benefices, developed in medieval canon law, are important for a closer description of the essence of this relationship, starting with the first of them, i.e. the union concluded in 1385 in Krevo. The political relationships established between the Kingdom of Poland and the Grand Duchy of Lithuania largely corresponded to the three canonical models of the church union indicated above, i.e. unio aeque principalis (1385), unio per subiectionem (1413) and unio per extinctionem seu translationem (1569).
Daniel Wojtucki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 273 - 287
https://doi.org/10.4467/20844131KS.20.020.12516Parish records are an interesting source material for researching the issue of beliefs in returning dead. Parish records of deaths rarely relate the funerals of people other than the God-fearing citizens who rested in the parish necropolis or those killed in tragic circumstances, usually as a result of an accident. From the end of the 16th century, the areas of the Silesian-Moravian borderland, or northern Moravia itself, were the scene of fierce struggles against the dead rising from their graves. Later, mainly eighteenth-century publications began to use the term defining these phenomena as magia posthuma. The intensity of beliefs in posthumous magic peaked in late 17th and early 18th centuries. It was widely thought at the time that a deceased person whose body does not show normal, post-mortem changes (rigidity) was a witch or a sorcerer. In Silesia and Moravia effective forms of dealing with harmful deceased people were developed in the period of 16th-18th centuries. Based on the analysis of existing source material, we know that the most frequent course of action was to find the grave of the “undead”in the cemetery, exhume the corpse and destroy it. All these measures against corpses who rose from their graves had to leave a trace in the parish books. In the discussed area, the oldest entries from records of death concerning the beliefs in dead who returned to plague the living can be found in the volume for the Silesian city of Strzegom (German: Striegau) covering the years 1589–1715. Some interesting research material is also provided by entries made in the records of death in the small town of Ryžoviště(German: Braunseifen) for the years 1583–1640 and 1640–1717. One of the last entries in the death records was made on 1 March 1755, when the Empress Maria Theresa issued a decree forbidding the persecution of people accused of witchcraft, treasure hunts with the aid of magic and also the exhumation or burning of the bodies of people accused of posthumous magic.
*This article presents the results of author’s research conducted as part of a project financed by the National Centre Science (no. 2016/21/D/HS3/02963) entitled Magia Posthuma –Beliefs in the Harmful Activity of the Dead in Silesia and Moravia in 16th–18th Centuries, carried out at the University of Wrocław, Faculty of Historical and Pedagogical Sciences.
Kamila Staudigl-Ciechowicz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 289 - 301
https://doi.org/10.4467/20844131KS.20.021.12517The current Austrian Civil Code goes back to 1811, after more than 200 years it still is in force in Austria –though with many amendments. Its origin and development is connected to the political history of the Austrian Empire, later the Dual Monarchy and its successor states in the 20th century. The paper analyses the significance of the Austrian Civil Code on the development of civil law in Central Europe on the verge of the collapse of the old empires and the emergence of the new political systems. Especially the question of the influence of the Austrian Civil Code on Polish law and inversely the influence of Polish lawyers on the development of the Austrian Civil Code is addressed. Due to the character of the inclusion of the Polish parts into the Austrian Empire in the 18th century the paper raises the question of the role of civil law in forced unions.
* This article is a slightly revised version of my lecture at the Jagiellonian University (20. 09. 2019).
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 303 - 319
https://doi.org/10.4467/20844131KS.20.022.12519The article describes the consultative activities of the Professors and Doctors of the Faculty of Law of the Jagiellonian University in the years 1817–1833. On the basis of Article 15 of the 1815 Constitution of the Free City of Krakow, they examined whether it was admissible for the parties to the court proceedings to lodge a third instance appeals against the consistent decisions issued by both of the first instance court and the court of appeal. This was deemed to be possible if the judgements were found in violation of substantive civil law or important forms of court proceedings. I briefly describe the form of proceedings by the Faculty of Law, including the appointment of case clerks, the convening of meetings, and the procedure for passing resolutions. Based on extensive archival materials, stored in the Jagiellonian University Archives and the National Archive in Krakow, I reconstruct three such proceedings. They concerned provisions on the form of legal acts for evidence purposes (Article 1341 KN) and contracts with a private signature (Article 1325 KN), as well as a provision on matrimonial property relationships (Article 1443 KN). In the first case, the opinion of the Faculty of Law determined a correct line of jurisprudence, while in the second, its interpretation of the provision narrowed the code dimension of contract freedom and constrained the principle of pacta sunt servanda. The last opinion is an example of an incorrect interpretation of the Napoleonic Code.
* Artykuł został przygotowany w ramach projektu badawczego Narodowego Centrum Nauki nr 2017/27/B/HS5/01308.
Bohumil Jiroušek, Jitka Rauchová
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 321 - 328
https://doi.org/10.4467/20844131KS.20.023.12518The following text examines the topic of unifying territories with disparate legal traditions as exemplified by Czechoslovakia during the first years of its existence and interpreted by Vratislav Kalousek (1883–1936), an unjustly forgotten clerk at the Ministry of the Interior, a lawyer and a contributor to inter-war legal magazines. He analyzed how the Czechoslovak law –drafted by the Czechoslovak officials of the Cisleithanian tradition –was implemented in the newly acquired lands, namely in Slovakia and in Carpathian Ruthenia. Vratislav Kalousek perceived the foundation of Czechoslovakia, based on uniting lands with a different history, as well as cultural, social and legal traditions, as a situation in which it was necessary to act swiftly, instead of slowing the process down with emphasis on accuracy typical for legal theory.
Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 329 - 343
https://doi.org/10.4467/20844131KS.20.024.12520This article pertains to the use of relevant sources of law for the purpose of historical interpretation. The article is divided into three sections. The first section is dedicated to theoretical issues and presents the concept of sources of law and the types of legal interpretation, in particular historical interpretation. The next section describes examples of how sources of law may be applied in conjunction with historical interpretation. It discusses, inter alia, the application of historical interpretation in court rulings, the functioning of joint land property, agricultural reform in Poland after the Second World War, the consequences of the inflation policy and the associated occurrence of what is referred to as mortgage discharge, i.e. the repayment of the amounts due by the mortgagors. In the last section of the publication, the author summarises his reflections focusing primarily on the meaning of sources of law in the context of applying historical interpretation in contemporary court rulings. The author’s final conclusion is that using the sources of old law and the interpretation thereof are an important component of the legal system currently in effect.
*Artykuł jest zmienioną i rozszerzoną wersją referatu wygłoszonego na sympozjum pt. „Łączą nas źródła”, które zorganizował Wydział Prawa i Administracji Uniwersytetu Jagiellońskiego w Krakowie w dniu 19 września 2019 r.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 345 - 387
https://doi.org/10.4467/20844131KS.20.025.12521As part of the source publication series begun in the second fascicle of the twelfth volume of Krakowskie Studia z Historii Państwa i Prawa [Krakow Studies in History of State and Law], we are publishing this time documents related to the preparation of the Civil Reform Committee, which operated in 1814–1815, to develop a new national civil code to replace the Napoleonic Code: 1. Wstęp przy wprowadzeniu planu do kodeksu cywilnego [Introduction to the Plan of Implementation of the Civil Code], 2. Plan Bieńkowskiego do nowego kodeksu cywilnego [Bieńkowski’s Plan for the New Civil Code], 3. Projekt Linowskiego do uformowania komisji mającej wygotowaćKsięgęprawa cywilnego i procedury [Linowski’s Plan for Forming a Commission to Prepare a Book of Civil Law and Procedure] and fragments of minutes of the Civil Reform Committee sessions regarding this draft. Source material on matrimonial law published in two last issues of the „Krakow Studies”in 2019 differed from the documents published in this fascicle because they were intended to serve only a partial reform of the Napoleonic Code envisaged for a temporary period, until a new civil code was developed. Antoni Bieńkowski presented his Plan for Implementation of the Civil Code at the session held on 20th November, 1814, less than a month after presenting the drafts of matrimonial law to the Civil Reform Committee (23rd October). The introductory part of the Plan presents the general assumptions regarding the works. They are followed by a list of the planned chapters and a justification of the adopted order. The actual Plan itself (second document) lists the same titles of chapters, along with the issues that should be regulated in a given place, and then it indicates where the models to follow could be sought. The debate related to the presentation of Bieńkowski’s Plan and the scope of activities in this field entrusted to the Committee by Emperor Alexander, took place at sessions held from 17th to 24th November. It ended with the preparation of Aleksander Linowski’s Plan for Forming a Commission to Prepare a Book of Civil Law and Procedure on 27th November. This document planned three stages of codification works: first, a 9-member commission was to draft both codes, and then departmental deputies were to work on them (first personally, and then representatives of them, with some Committee members). The last stage of preparatory works was to be comprised of meetings of five senators and members of the Council of State with selected Committee members and a representatives of departmental deputies.
* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.
Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 389 - 392
https://doi.org/10.4467/20844131KS.20.027.12523Bence Krusóczki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 393 - 401
https://doi.org/10.4467/20844131KS.20.029.12525Adriana Švecová, Miriam Laclavíková, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 403 - 406
https://doi.org/10.4467/20844131KS.20.026.12522Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 407 - 411
https://doi.org/10.4467/20844131KS.20.028.12524Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 413 - 420
https://doi.org/10.4467/20844131KS.20.030.12526Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 421 - 422
https://doi.org/10.4467/20844131KS.20.031.12527The XXV Annual Forum of Young Legal Historians was organized by three Belgian universities: Vrije Universiteit Brussel, Universitélibre de Bruxelles, and UniversitéSaint-Louis Bruxelles. It took place from 5th through 8th June, 2019. This years’forum concerned identity and citizenship, what was echoed in vast majority of the conference papers. The conference consisted of nearly 90 scholars representing more than 20 states, including non-European countries. As usual, the host country’s delegation presented the largest group of young legal historians. 6 speakers were representing the University of Warsaw, 3 Jagiellonian University, and 2 the University of Gdansk. The universities of Bialystok and Lodz, had one representative each during the Forum.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 423 - 428
https://doi.org/10.4467/20844131KS.20.032.12528The work presents the achievements of Professor Grodziski. Research directions, major publications, didactic and organizational activities at the Faculty of Law and Administration, and membership in scientific organizations and associations are presented. The professor reactivated Polish Academy of Arts and Sciences, and was an outstanding expert on the Old Polish Sejm and the history of Galicia and Austria. In short, he was an excellent teacher.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 345 - 387
https://doi.org/10.4467/20844131KS.20.025.12521As part of the source publication series begun in the second fascicle of the twelfth volume of Krakowskie Studia z Historii Państwa i Prawa [Krakow Studies in History of State and Law], we are publishing this time documents related to the preparation of the Civil Reform Committee, which operated in 1814–1815, to develop a new national civil code to replace the Napoleonic Code: 1. Wstęp przy wprowadzeniu planu do kodeksu cywilnego [Introduction to the Plan of Implementation of the Civil Code], 2. Plan Bieńkowskiego do nowego kodeksu cywilnego [Bieńkowski’s Plan for the New Civil Code], 3. Projekt Linowskiego do uformowania komisji mającej wygotowaćKsięgęprawa cywilnego i procedury [Linowski’s Plan for Forming a Commission to Prepare a Book of Civil Law and Procedure] and fragments of minutes of the Civil Reform Committee sessions regarding this draft. Source material on matrimonial law published in two last issues of the „Krakow Studies”in 2019 differed from the documents published in this fascicle because they were intended to serve only a partial reform of the Napoleonic Code envisaged for a temporary period, until a new civil code was developed. Antoni Bieńkowski presented his Plan for Implementation of the Civil Code at the session held on 20th November, 1814, less than a month after presenting the drafts of matrimonial law to the Civil Reform Committee (23rd October). The introductory part of the Plan presents the general assumptions regarding the works. They are followed by a list of the planned chapters and a justification of the adopted order. The actual Plan itself (second document) lists the same titles of chapters, along with the issues that should be regulated in a given place, and then it indicates where the models to follow could be sought. The debate related to the presentation of Bieńkowski’s Plan and the scope of activities in this field entrusted to the Committee by Emperor Alexander, took place at sessions held from 17th to 24th November. It ended with the preparation of Aleksander Linowski’s Plan for Forming a Commission to Prepare a Book of Civil Law and Procedure on 27th November. This document planned three stages of codification works: first, a 9-member commission was to draft both codes, and then departmental deputies were to work on them (first personally, and then representatives of them, with some Committee members). The last stage of preparatory works was to be comprised of meetings of five senators and members of the Council of State with selected Committee members and a representatives of departmental deputies.
* Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.
Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 389 - 392
https://doi.org/10.4467/20844131KS.20.027.12523Bence Krusóczki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 393 - 401
https://doi.org/10.4467/20844131KS.20.029.12525Adriana Švecová, Miriam Laclavíková, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 403 - 406
https://doi.org/10.4467/20844131KS.20.026.12522Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 407 - 411
https://doi.org/10.4467/20844131KS.20.028.12524Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 413 - 420
https://doi.org/10.4467/20844131KS.20.030.12526Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 421 - 422
https://doi.org/10.4467/20844131KS.20.031.12527The XXV Annual Forum of Young Legal Historians was organized by three Belgian universities: Vrije Universiteit Brussel, Universitélibre de Bruxelles, and UniversitéSaint-Louis Bruxelles. It took place from 5th through 8th June, 2019. This years’forum concerned identity and citizenship, what was echoed in vast majority of the conference papers. The conference consisted of nearly 90 scholars representing more than 20 states, including non-European countries. As usual, the host country’s delegation presented the largest group of young legal historians. 6 speakers were representing the University of Warsaw, 3 Jagiellonian University, and 2 the University of Gdansk. The universities of Bialystok and Lodz, had one representative each during the Forum.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 423 - 428
https://doi.org/10.4467/20844131KS.20.032.12528The work presents the achievements of Professor Grodziski. Research directions, major publications, didactic and organizational activities at the Faculty of Law and Administration, and membership in scientific organizations and associations are presented. The professor reactivated Polish Academy of Arts and Sciences, and was an outstanding expert on the Old Polish Sejm and the history of Galicia and Austria. In short, he was an excellent teacher.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 257 - 271
https://doi.org/10.4467/20844131KS.20.019.12515In church law, the union of churches (unio ecclesiarum) concerned the merger of two and more dioceses under the same bishop. In the Middle Ages, canonists were already pointing to three types of union: 1) aeque principalis; 2) unio per subiectionem, when one of the churches was subject to the other and thus the episcopal dignity remained only in that one, and finally, the third kind, called 3) unio per extinctionem, when two particular churches, usually dioceses, were merged into a single new one. The canonical achievements in the field of union of churches and benefices were collected and summarized, among others, in the treatise De unionibus ecclesiarum atque beneficiorum by Nicolaus Thilen, and in the work of Anaclet Reiffenstuel entitled Ius canonicum universum. The three types of union of churches and benefices presented above, distinguished by their mergers, were adopted into the Code of Canon Law of 1917 (canons 1419 and 1420). The 450th anniversary of the union concluded on July 1, 1569 in Lublin was celebrated in 2019. As a result of this union the Kingdom of Poland, called the Crown, merged with the Grand Duchy of Lithuania. The canonical models of the union of churches and benefices, developed in medieval canon law, are important for a closer description of the essence of this relationship, starting with the first of them, i.e. the union concluded in 1385 in Krevo. The political relationships established between the Kingdom of Poland and the Grand Duchy of Lithuania largely corresponded to the three canonical models of the church union indicated above, i.e. unio aeque principalis (1385), unio per subiectionem (1413) and unio per extinctionem seu translationem (1569).
Daniel Wojtucki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 273 - 287
https://doi.org/10.4467/20844131KS.20.020.12516Parish records are an interesting source material for researching the issue of beliefs in returning dead. Parish records of deaths rarely relate the funerals of people other than the God-fearing citizens who rested in the parish necropolis or those killed in tragic circumstances, usually as a result of an accident. From the end of the 16th century, the areas of the Silesian-Moravian borderland, or northern Moravia itself, were the scene of fierce struggles against the dead rising from their graves. Later, mainly eighteenth-century publications began to use the term defining these phenomena as magia posthuma. The intensity of beliefs in posthumous magic peaked in late 17th and early 18th centuries. It was widely thought at the time that a deceased person whose body does not show normal, post-mortem changes (rigidity) was a witch or a sorcerer. In Silesia and Moravia effective forms of dealing with harmful deceased people were developed in the period of 16th-18th centuries. Based on the analysis of existing source material, we know that the most frequent course of action was to find the grave of the “undead”in the cemetery, exhume the corpse and destroy it. All these measures against corpses who rose from their graves had to leave a trace in the parish books. In the discussed area, the oldest entries from records of death concerning the beliefs in dead who returned to plague the living can be found in the volume for the Silesian city of Strzegom (German: Striegau) covering the years 1589–1715. Some interesting research material is also provided by entries made in the records of death in the small town of Ryžoviště(German: Braunseifen) for the years 1583–1640 and 1640–1717. One of the last entries in the death records was made on 1 March 1755, when the Empress Maria Theresa issued a decree forbidding the persecution of people accused of witchcraft, treasure hunts with the aid of magic and also the exhumation or burning of the bodies of people accused of posthumous magic.
*This article presents the results of author’s research conducted as part of a project financed by the National Centre Science (no. 2016/21/D/HS3/02963) entitled Magia Posthuma –Beliefs in the Harmful Activity of the Dead in Silesia and Moravia in 16th–18th Centuries, carried out at the University of Wrocław, Faculty of Historical and Pedagogical Sciences.
Kamila Staudigl-Ciechowicz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 289 - 301
https://doi.org/10.4467/20844131KS.20.021.12517The current Austrian Civil Code goes back to 1811, after more than 200 years it still is in force in Austria –though with many amendments. Its origin and development is connected to the political history of the Austrian Empire, later the Dual Monarchy and its successor states in the 20th century. The paper analyses the significance of the Austrian Civil Code on the development of civil law in Central Europe on the verge of the collapse of the old empires and the emergence of the new political systems. Especially the question of the influence of the Austrian Civil Code on Polish law and inversely the influence of Polish lawyers on the development of the Austrian Civil Code is addressed. Due to the character of the inclusion of the Polish parts into the Austrian Empire in the 18th century the paper raises the question of the role of civil law in forced unions.
* This article is a slightly revised version of my lecture at the Jagiellonian University (20. 09. 2019).
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 303 - 319
https://doi.org/10.4467/20844131KS.20.022.12519The article describes the consultative activities of the Professors and Doctors of the Faculty of Law of the Jagiellonian University in the years 1817–1833. On the basis of Article 15 of the 1815 Constitution of the Free City of Krakow, they examined whether it was admissible for the parties to the court proceedings to lodge a third instance appeals against the consistent decisions issued by both of the first instance court and the court of appeal. This was deemed to be possible if the judgements were found in violation of substantive civil law or important forms of court proceedings. I briefly describe the form of proceedings by the Faculty of Law, including the appointment of case clerks, the convening of meetings, and the procedure for passing resolutions. Based on extensive archival materials, stored in the Jagiellonian University Archives and the National Archive in Krakow, I reconstruct three such proceedings. They concerned provisions on the form of legal acts for evidence purposes (Article 1341 KN) and contracts with a private signature (Article 1325 KN), as well as a provision on matrimonial property relationships (Article 1443 KN). In the first case, the opinion of the Faculty of Law determined a correct line of jurisprudence, while in the second, its interpretation of the provision narrowed the code dimension of contract freedom and constrained the principle of pacta sunt servanda. The last opinion is an example of an incorrect interpretation of the Napoleonic Code.
* Artykuł został przygotowany w ramach projektu badawczego Narodowego Centrum Nauki nr 2017/27/B/HS5/01308.
Bohumil Jiroušek, Jitka Rauchová
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 321 - 328
https://doi.org/10.4467/20844131KS.20.023.12518The following text examines the topic of unifying territories with disparate legal traditions as exemplified by Czechoslovakia during the first years of its existence and interpreted by Vratislav Kalousek (1883–1936), an unjustly forgotten clerk at the Ministry of the Interior, a lawyer and a contributor to inter-war legal magazines. He analyzed how the Czechoslovak law –drafted by the Czechoslovak officials of the Cisleithanian tradition –was implemented in the newly acquired lands, namely in Slovakia and in Carpathian Ruthenia. Vratislav Kalousek perceived the foundation of Czechoslovakia, based on uniting lands with a different history, as well as cultural, social and legal traditions, as a situation in which it was necessary to act swiftly, instead of slowing the process down with emphasis on accuracy typical for legal theory.
Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 3, Volume 13 (2020), pp. 329 - 343
https://doi.org/10.4467/20844131KS.20.024.12520This article pertains to the use of relevant sources of law for the purpose of historical interpretation. The article is divided into three sections. The first section is dedicated to theoretical issues and presents the concept of sources of law and the types of legal interpretation, in particular historical interpretation. The next section describes examples of how sources of law may be applied in conjunction with historical interpretation. It discusses, inter alia, the application of historical interpretation in court rulings, the functioning of joint land property, agricultural reform in Poland after the Second World War, the consequences of the inflation policy and the associated occurrence of what is referred to as mortgage discharge, i.e. the repayment of the amounts due by the mortgagors. In the last section of the publication, the author summarises his reflections focusing primarily on the meaning of sources of law in the context of applying historical interpretation in contemporary court rulings. The author’s final conclusion is that using the sources of old law and the interpretation thereof are an important component of the legal system currently in effect.
*Artykuł jest zmienioną i rozszerzoną wersją referatu wygłoszonego na sympozjum pt. „Łączą nas źródła”, które zorganizował Wydział Prawa i Administracji Uniwersytetu Jagiellońskiego w Krakowie w dniu 19 września 2019 r.
Publication date: 06.2020
Editors of the Issue 2: dr Michał
Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji.
The publication has been sponsored by Jagiellonian University in Krakow.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 121 - 151
https://doi.org/10.4467/20844131KS.20.013.12056Dominial jurisdiction in the demesne of the Cistercian Monastery in Koprzywnica underwent a long and complicated evolution from the foundation of the abbey in 1185 to its dissolution in 1819. For over 6 centuries this monastery owned the town of Koprzywnica all the time, and the towns of Jasło and Frysztak temporarily and almost 60 villages and their parts in different periods. Privileges and judicial immunities granted by the ruling monarchs (in 1262, 1267, 1284, 1308, 1360 and later) were of a fundamental importance for development of the dominial jurisdiction of the abbot of Koprzywnica. A kind of exception in the organization of the dominial jurisdiction was the self-governmental structure in the town of Koprzywnica located under German Law (Magdeburg Law) under the privilege of the Duke Bolesław V the Chaste in 1267. However, the abbot did not like the independent judicial position of the head of the commune in Koprzywnica and village representatives in the monastery villages. The head of the commune and village representatives were often confidants for inhabitants’ matters, from where they came from rather than interests of the abbot or the monastery. These circumstances were, among others, the reason that at the turn of the 14th and the 15th centuries the monastery authorities brought to annihilation of self-governmental jurisdiction in their demesne and introduced judges-clerks completely controlled by them. It was the institution of a judicial head of a commune. The abbot’s subjects were not pleased with such a solution. They complained about the judicial activity of the abbot and his clerks even to the king himself. Most often ineffectively. In principle, this state of affairs lasted until the judicial reforms at the turn of the 18th and 19th centuries. At that time the Austrian state authorities and the authorities of the Duchy of Warsaw, following the movement of the Enlightenment, allowed to replace the dominial jurisdiction of the abbot and his clerks with the independent state courts (and judges). Yet, the transformation process of this dominial jurisdiction into the common one was not completed because the monastery in Koprzywnica was dissolved by the Russian authorities in 1819.
Maria Lewandowicz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 153 - 168
https://doi.org/10.4467/20844131KS.20.014.12057The objective of this paper is to present the dynamics of events and dependencies, which resulted in the enactment of the Bernese Civil Code, as well as the importance and consequences of this work in the development of civil law and civil society in the canton of Bern. The paper addresses the issues concerning the question as to whether it is possible for an act of civil law to become a source of rules which, not finding sufficient protection in the existing constitutional system, cause changes in the latter. Did the codification of private law and the act of providing the ideas of freedom and equality with statutory protection result in the fall of the governance existing in Bern in the first half of the 19th century? Or was it perhaps the result of the accumulation of internal and external circumstances, leading to a formal sanctioning of systemic changes which had already occurred? The process of codification and systemic change in Bern constitutes an excellent example of the interdependence between private and publiclegal legislation and the fact that constitutional law does not always have to be the primary source of state protection covering basic social values.
*The paper was supported by the National Science Centre under Grant No. UMO-2017/26/D/HS5/00625.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 169 - 204
https://doi.org/10.4467/20844131KS.20.015.12058In 1920–1921, the Polish Legislative Sejm issued two legal acts the purpose of which was to facilitate the fight against offences committed by officials of the public administration. Offences committed in connection with a tenure in order to gain profit were punishable by death by firing squad. Moreover, the acts further placed criminal liability on persons guilty of bribing a public official, or of complicity in offences committed by the officials. The introduction of the act of 1920 aroused great controversy, which was particularly visible during the parliamentary debate on its draft. The other act, initially conceived as an amendment to the first one, repeated its regulations to a large extent. The enactment of these strict provisions during the difficult time of establishing the structures of the newly independent state and the military campaign to secure the country’s borders was one way of resolving one of its current problems. The acts, temporary in character from the very beginning, were in effect for just over two years. However, despite the short period of validity, they left a considerable legacy in the form of numerous judicial decisions of the Supreme Court. This article is an attempt to view the acts from the perspective both of the principles which guided their creators and of the judicial practice itself. Therefore, along with the particular version of the draft bills and the reports from the parliamentary sessions, the analysis covers the ample jurisdictional output. This approach makes it possible to reconstruct the basic legal issues which arose in the context of application of the law and to draw conclusions in reference to the pronounced penalties. Furthermore, the analysis allows – within the scope enabled by the accessible sources – for demonstrating the extent to which the legislative assumptions were put into practice.
Jacek Wałdoch
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 205 - 217
https://doi.org/10.4467/20844131KS.20.016.12059This article is devoted to the issue of the dissolution of the Lviv City Council and the matter considered by the Supreme Administrative Tribunal in 1929. On August 31st, 1927, the Lviv voivode dissolved the Provisional City Council, transferring power over the city to the executive body and a 32-person Adjutant Council. The decision to dissolve the Provisional City Council was widely discussed in political circles, where its legality was questioned. In this regard, the councilors of the Provisional City Council decided to lodge a complaint to the Supreme Administrative Tribunal, which considered the case two years later, in 1929. The representatives of the dissolved Provisional City Council presented a number of arguments, pointing out errors in the voivode’s decision and defective supervisory proceedings. Proxies of the dissolved Provisional City Council requested the annulment of the voivode’s decision. The verdict in the case was issued on November 28th, 1929 and concerned the formal shortcomings of the dissolution of the Provisional City Council. It was demonstrated that its content did not include information on available remedies, in breach of the rules of administrative procedure. The judgment had specific legal and political effects, while the whole case illustrates the attitude of the supervisory authority to the local government.
Zbigniew Filipiak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 219 - 234
https://doi.org/10.4467/20844131KS.20.017.12060Limits of the Powers of the Forced Management in Galicia on the Example of an Employee Dispute in the Ordynacja Przeworsk (1933)
The article presents the matter of an employee dispute between the former head of the agricultural directorate of the Ordynacja (landed property in fideicommis) in Przeworsk (Polish Galicia), Stanisław Trzeciak, and the property management, which was under the control of the Lubomirski family. In 1933, the director was dismissed from his position, which was justified by his offensive behavior towards the compulsory administrator appointed on the estate. In the face of this, the employee obtained a legal opinion signed by the leading civilians of that time – (prof. Jagiellonian University, Stanisław Gołąb, and dr. Zygmunt Wusatowski), in which the illegality of immediate termination of the employment contract was proved on the basis of applicable regulations (both Austrian and Polish), case law and the guidelines of doctrine. Then S. Trzeciak sent a letter to the owner of Ordynacja Przeworsk, Andrzej Lubomirski with a detailed description of the case and his claims. This case of interwar employee relations is even more interesting, because they occurred in the specific conditions of fideicommis, which had an impact on the course and end of the dispute.
* Niniejsza publikacja została przygotowana w ramach projektu „Fideikomisy familijne w Drugiej Rzeczypospolitej w świetle orzecznictwa sądów cywilnych. Dzieje funkcjonowania feudalnej instytucji prawnej w obrocie prawnym państwa nowoczesnego” finansowanego ze środków grantu NCN 2017/27/B/HS5/02679 realizowanego w ramach Konkursu OPUS 14.
Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 235 - 255
https://doi.org/10.4467/20844131KS.20.018.12061Five instructions prepared by the Treasury Commission of the Grand Duchy of Lithuania were published. This Commission, founded in 1764, consisted of two Lithuanian treasurers, and varying number of commissioners elected by the parliament. The Commission functioned as a court and administrative organ in charge of managing state finances. It was part of the executive, due to which fact it was answerable to the parliament (the Sejm of the Polish-Lithuanian Commonwealth). Every two years, the Commission delegated two commissioners for convened Sejm sessions. During parliamentary control of the Commission these Commissioners were present to provide information for members of the parliament. The first instruction that the Commissioners prepared was in 1780, during the affair concerning treasurer Antoni Tyzenhauz. He was accused of financial abuse, and the Commission tried to convince the members of the parliament, that Tyzenhauz alone was responsible for these crimes. Subsequent to this first one, instructions (1782, 1786, 1788, and 1790) contain reform proposals. The Treasury Commission described practical problems and possible solutions, suggested changes to tax structures, issued new legal regulations, and reorganized rules of operation in the institution.
Piotr Miłosz Pilarczyk
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 235 - 255
https://doi.org/10.4467/20844131KS.20.018.12061Five instructions prepared by the Treasury Commission of the Grand Duchy of Lithuania were published. This Commission, founded in 1764, consisted of two Lithuanian treasurers, and varying number of commissioners elected by the parliament. The Commission functioned as a court and administrative organ in charge of managing state finances. It was part of the executive, due to which fact it was answerable to the parliament (the Sejm of the Polish-Lithuanian Commonwealth). Every two years, the Commission delegated two commissioners for convened Sejm sessions. During parliamentary control of the Commission these Commissioners were present to provide information for members of the parliament. The first instruction that the Commissioners prepared was in 1780, during the affair concerning treasurer Antoni Tyzenhauz. He was accused of financial abuse, and the Commission tried to convince the members of the parliament, that Tyzenhauz alone was responsible for these crimes. Subsequent to this first one, instructions (1782, 1786, 1788, and 1790) contain reform proposals. The Treasury Commission described practical problems and possible solutions, suggested changes to tax structures, issued new legal regulations, and reorganized rules of operation in the institution.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 121 - 151
https://doi.org/10.4467/20844131KS.20.013.12056Dominial jurisdiction in the demesne of the Cistercian Monastery in Koprzywnica underwent a long and complicated evolution from the foundation of the abbey in 1185 to its dissolution in 1819. For over 6 centuries this monastery owned the town of Koprzywnica all the time, and the towns of Jasło and Frysztak temporarily and almost 60 villages and their parts in different periods. Privileges and judicial immunities granted by the ruling monarchs (in 1262, 1267, 1284, 1308, 1360 and later) were of a fundamental importance for development of the dominial jurisdiction of the abbot of Koprzywnica. A kind of exception in the organization of the dominial jurisdiction was the self-governmental structure in the town of Koprzywnica located under German Law (Magdeburg Law) under the privilege of the Duke Bolesław V the Chaste in 1267. However, the abbot did not like the independent judicial position of the head of the commune in Koprzywnica and village representatives in the monastery villages. The head of the commune and village representatives were often confidants for inhabitants’ matters, from where they came from rather than interests of the abbot or the monastery. These circumstances were, among others, the reason that at the turn of the 14th and the 15th centuries the monastery authorities brought to annihilation of self-governmental jurisdiction in their demesne and introduced judges-clerks completely controlled by them. It was the institution of a judicial head of a commune. The abbot’s subjects were not pleased with such a solution. They complained about the judicial activity of the abbot and his clerks even to the king himself. Most often ineffectively. In principle, this state of affairs lasted until the judicial reforms at the turn of the 18th and 19th centuries. At that time the Austrian state authorities and the authorities of the Duchy of Warsaw, following the movement of the Enlightenment, allowed to replace the dominial jurisdiction of the abbot and his clerks with the independent state courts (and judges). Yet, the transformation process of this dominial jurisdiction into the common one was not completed because the monastery in Koprzywnica was dissolved by the Russian authorities in 1819.
Maria Lewandowicz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 153 - 168
https://doi.org/10.4467/20844131KS.20.014.12057The objective of this paper is to present the dynamics of events and dependencies, which resulted in the enactment of the Bernese Civil Code, as well as the importance and consequences of this work in the development of civil law and civil society in the canton of Bern. The paper addresses the issues concerning the question as to whether it is possible for an act of civil law to become a source of rules which, not finding sufficient protection in the existing constitutional system, cause changes in the latter. Did the codification of private law and the act of providing the ideas of freedom and equality with statutory protection result in the fall of the governance existing in Bern in the first half of the 19th century? Or was it perhaps the result of the accumulation of internal and external circumstances, leading to a formal sanctioning of systemic changes which had already occurred? The process of codification and systemic change in Bern constitutes an excellent example of the interdependence between private and publiclegal legislation and the fact that constitutional law does not always have to be the primary source of state protection covering basic social values.
*The paper was supported by the National Science Centre under Grant No. UMO-2017/26/D/HS5/00625.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 169 - 204
https://doi.org/10.4467/20844131KS.20.015.12058In 1920–1921, the Polish Legislative Sejm issued two legal acts the purpose of which was to facilitate the fight against offences committed by officials of the public administration. Offences committed in connection with a tenure in order to gain profit were punishable by death by firing squad. Moreover, the acts further placed criminal liability on persons guilty of bribing a public official, or of complicity in offences committed by the officials. The introduction of the act of 1920 aroused great controversy, which was particularly visible during the parliamentary debate on its draft. The other act, initially conceived as an amendment to the first one, repeated its regulations to a large extent. The enactment of these strict provisions during the difficult time of establishing the structures of the newly independent state and the military campaign to secure the country’s borders was one way of resolving one of its current problems. The acts, temporary in character from the very beginning, were in effect for just over two years. However, despite the short period of validity, they left a considerable legacy in the form of numerous judicial decisions of the Supreme Court. This article is an attempt to view the acts from the perspective both of the principles which guided their creators and of the judicial practice itself. Therefore, along with the particular version of the draft bills and the reports from the parliamentary sessions, the analysis covers the ample jurisdictional output. This approach makes it possible to reconstruct the basic legal issues which arose in the context of application of the law and to draw conclusions in reference to the pronounced penalties. Furthermore, the analysis allows – within the scope enabled by the accessible sources – for demonstrating the extent to which the legislative assumptions were put into practice.
Jacek Wałdoch
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 205 - 217
https://doi.org/10.4467/20844131KS.20.016.12059This article is devoted to the issue of the dissolution of the Lviv City Council and the matter considered by the Supreme Administrative Tribunal in 1929. On August 31st, 1927, the Lviv voivode dissolved the Provisional City Council, transferring power over the city to the executive body and a 32-person Adjutant Council. The decision to dissolve the Provisional City Council was widely discussed in political circles, where its legality was questioned. In this regard, the councilors of the Provisional City Council decided to lodge a complaint to the Supreme Administrative Tribunal, which considered the case two years later, in 1929. The representatives of the dissolved Provisional City Council presented a number of arguments, pointing out errors in the voivode’s decision and defective supervisory proceedings. Proxies of the dissolved Provisional City Council requested the annulment of the voivode’s decision. The verdict in the case was issued on November 28th, 1929 and concerned the formal shortcomings of the dissolution of the Provisional City Council. It was demonstrated that its content did not include information on available remedies, in breach of the rules of administrative procedure. The judgment had specific legal and political effects, while the whole case illustrates the attitude of the supervisory authority to the local government.
Zbigniew Filipiak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 2, Volume 13 (2020), pp. 219 - 234
https://doi.org/10.4467/20844131KS.20.017.12060Limits of the Powers of the Forced Management in Galicia on the Example of an Employee Dispute in the Ordynacja Przeworsk (1933)
The article presents the matter of an employee dispute between the former head of the agricultural directorate of the Ordynacja (landed property in fideicommis) in Przeworsk (Polish Galicia), Stanisław Trzeciak, and the property management, which was under the control of the Lubomirski family. In 1933, the director was dismissed from his position, which was justified by his offensive behavior towards the compulsory administrator appointed on the estate. In the face of this, the employee obtained a legal opinion signed by the leading civilians of that time – (prof. Jagiellonian University, Stanisław Gołąb, and dr. Zygmunt Wusatowski), in which the illegality of immediate termination of the employment contract was proved on the basis of applicable regulations (both Austrian and Polish), case law and the guidelines of doctrine. Then S. Trzeciak sent a letter to the owner of Ordynacja Przeworsk, Andrzej Lubomirski with a detailed description of the case and his claims. This case of interwar employee relations is even more interesting, because they occurred in the specific conditions of fideicommis, which had an impact on the course and end of the dispute.
* Niniejsza publikacja została przygotowana w ramach projektu „Fideikomisy familijne w Drugiej Rzeczypospolitej w świetle orzecznictwa sądów cywilnych. Dzieje funkcjonowania feudalnej instytucji prawnej w obrocie prawnym państwa nowoczesnego” finansowanego ze środków grantu NCN 2017/27/B/HS5/02679 realizowanego w ramach Konkursu OPUS 14.
Publication date: 31.03.2020
Editors of the Issue 1: dr Michał
Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji.
The publication has been sponsored by Jagiellonian University in Krakow.
Marzena Dyjakowska
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 1 - 15
https://doi.org/10.4467/20844131KS.20.001.11767The objective of the paper is to present the current state of research on the silhouette and activity of Pedro Ruiz de Moros (Roysius), as well as on his work Decisiones Lituanicae, and put forward research postulates. The author presented in particular the results of research conducted by Tomasz Fijałkowski and Andrzej Kremer, and proposed directions in which these studies should be supplemented. One of the postulates is to take a closer look at Roysius as a Renaissance expert in Roman law. Another postulate is to conduct in-depth research into elements of Roman law in Decisiones, and then determine the influence of this work on judicial practice. Another area of research is the activity of Roysius in the Grand Duchy of Lithuania, in particular his role in the work on the Second Statute of the Grand Duchy of Lithuania and the development of the Statutes of the Samogitian chapter. Next, the postulate of publishing Decisiones’ translation into Polish was presented, and difficulties and doubts related to the translation were indicated.
Tadeusz Maciejewski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 17 - 24
https://doi.org/10.4467/20844131KS.20.002.11768Recently, two monographs have been published that are directly related to the research topic. The purpose of their writing was to supplement the existing Polish and European literature concerning the political history and organization of those European Free Cities which significantly influenced the development of the political and socio-economic relations of the continent over 150 years of the nineteenth and twentieth centuries. Closer attention to the above-mentioned subject has become urgent, especially due to the lack of relevant studies in European literature, which has been examined only fragmentarily. The emergence of free cities, sometimes also referred to as “countries”in Europe, was, of course, with the exception of Germany, mainly the effect of inter-empire or inter-state cooperation in order to prevent political and national conflicts by establishing a new European order to prevent such conflicts in the future (such as at the Vienna Congress, and Versailles and Potsdam). As it turned out, the adopted decisions were temporary, and their durations lasted from several to several dozen years. Each of them promulgated their own constitution at that time, the texts of which will be published in a separate publication.
Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 25 - 50
https://doi.org/10.4467/20844131KS.20.003.11769The article is the result of archival research, executed under the leadership of Prof. Zbigniew Naworski within the framework of an academic project financed by the National Science Centre (the OPUS 14 program). The author tries to show basic rules and problems associated with research on civil court case files in Polish archives from the interwar period. The starting points for his considerations are the history of Polish archival law on the criteria for the assessment of the archival value of court files, and the consequences of adopting them into practice. Besides that, he tries to emphasize how essential the archival finding aids are for this type of research, as well as how their absence is a key issue to the effectiveness of archival research. Those are crucial factors, especially when a legal historian needs to work on numerous, diffused, and not always organized archival collections. Unfortunately, this is an issue with interwar court case files. The author suggests how the archival staff might improve the shaping of the archival inventories on court case files, to make them more accessible and easier to work with. He also tries to demonstrate the advantages of creating other archival aids on this type of source material –especially archival descriptive inventories and indexes which are very helpful for preliminary research. In the end, the author shares his experiences of his attempts to reconstruct or regain lost court case files using other archival collections of sources of interwar family archives or barristers files.
*Artykuł został przygotowany w toku realizacji projektu badawczego finansowanego przez Narodowe Centrum Nauki w programie OPUS 14 (nr 2017/27/B/HS5/02679) zatytułowanego Fideikomisy familijne w Drugiej Rzeczypospolitej w świetle orzecznictwa sądów cywilnych. Dzieje funkcjonowania feudalnej instytucji prawnej w obrocie prawnym państwa nowoczesnego. Tekst ma charakter historycznoprawny, wykorzystuje jednak i silnie nawiązuje do terminologii i metod badawczych archiwistyki. W konsekwencji w dalszym toku wywodu będęużywałw skrótowej formie standardowych skrótów używanych w nauce i praktyce archiwalnej.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 51 - 60
https://doi.org/10.4467/20844131KS.20.004.11770The study of post-war crime is becoming more and more popular among Polish researchers. The basic source for conducting this kind of research is criminal files, primarily those of the regional courts operating in the years 1945–1950. The author calls attention to both statutory and actual restrictions on access to source materials. He also notes how using other, non-official sources or witness accounts in this type of research will not always be appropriate. He postulates that research on post-war crime in Poland should be designed primarily as research on crime in the juridical sense. The author also indicates that research on post-war crime has many points in common with the so-called historical criminology.
Marcin Łysko
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 61 - 81
https://doi.org/10.4467/20844131KS.20.005.11771In March 1968, in the streets of Warsaw, Polish students protested against the communist authorities’ restriction of freedom of cultural and artistic activity. Demonstrations taking place during the so-called March events were brutally pacified by the militia, and participants in the events were charged with breach of the peace. When considering cases of their offenses, the penal-administrative colleges imposed severe basic arrest penalties and high fines, which were usually immediately convertible into alternative arrest. The penalties isolating the offender from society were imposed in an accelerated procedure without any guarantee of defence of the rights of the accused. This practice of the colleges’ severe punishment of participants in social protests, which was initiated during the March events of 1968, would be repeated during successive political crises of the 1970s and 1980s.
Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 83 - 96
https://doi.org/10.4467/20844131KS.20.006.11772The article is the edition of two sources supplementing the publication series “Akta zjazdów stanów Wielkiego Księstwa Litewskiego” [Records of Conventions of the Estates of the Grand Duchy of Lithuania] edited by Henryk Lulewicz. Both documents refer to the Lithuanian Convocation of 1615. One of them is “Punkta postanowiene na Convocatiey” [Resolutions Adopted at the Convocation] (Vilnius, 5 VI 1615), prepared for the deputies who were to present the resolutions of the general convocation to Sigismund III Vasa. The other one is the king’s response to the resolutions and the above-mentioned decisions of the Lithuanian Convocation. In the introduction to the published materials I stress the significance of the ruler’s response to the resolutions of the estates of the Grand Duchy of Lithuania. With few exceptions, the approval of the monarch was necessary to make tax resolutions and legal standards valid law. Therefore, the final process of the legislative procedure of the Grand Duchy of Lithuania needs to be taken into consideration in the context of historical and legal research.
* Edycja źródłowa powstała w ramach projektu badawczego Narodowego Centrum Nauki SONATA, nr 2016/23/D/HS3/03210 pt. „Rewolucja militarna jako czynnik modernizacyjny skarbowości i organizacji państwa polsko-litewskiego na tle europejskim”.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 97 - 100
https://doi.org/10.4467/20844131KS.20.007.11773Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 101 - 103
https://doi.org/10.4467/20844131KS.20.008.11774Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 105 - 110
https://doi.org/10.4467/20844131KS.20.009.11775On the 19th of September 2019, the Faculty of Law and Administration of the Jagiellonian University organised an academic conference entitled “Łącząnas źródła”[“Sources connect us”]. The symposium was combined with the celebrations of the 90th birthday of Prof. Stanisław Grodziski, an outstanding legal historian, author of around 500 publications, and former Dean of the Faculty (1978–1981) and Vice-Rector of the University (1987–1990), who also has an Honorary Doctorate from the University of Wrocław. One of the significant areas of Prof. Grodziski’s academic activity is in the editing of legal history sources. The subject of the conference was therefore a great occasion to focus on Prof. Grodziski’s achievements in this field of study. In the jubilee part of the conference, presided over by Vice-Rector for University Development, Prof. Dorota Malec, speeches were given by Prof. Wojciech Nowak, Rector of the Jagiellonian University, and by Prof. Jerzy Pisuliński, Dean of the Faculty of Law and Administration. The laudation for Prof. Grodziski was delivered by Prof. Wacław Uruszczak. The subsequent part of the conference consisted of 15 papers, divided into three sessions, presented by scholars affiliated with various academic centres. The presentations concerned current or planned editing works regarding legal history sources. Moreover, various methods of applying these sources to academic research and educational activities at the university, as well as to judicial decisions, were discussed. To conclude the conference, Dr. Hab. Maciej Mikuła presented the basic assumptions of the novel project concerning the electronic meta-edition of legal history sources “IURA. Sources of Laws from the Past”.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 111 - 112
https://doi.org/10.4467/20844131KS.20.010.11776Kinga Ciosk, Bartosz Gałucha, Arkadiusz Piskorz, Ilona Rębisz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 113 - 115
https://doi.org/10.4467/20844131KS.20.011.11777Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 117 - 119
https://doi.org/10.4467/20844131KS.20.012.11778The symposium „I take You to be my wife / husband...? What do the nupturients mean today?”was held on November 15, 2018. It was organized by the Faculty of Canon Law of the Pontifical University of John Paul II in Kraków. The main topic of the conference was the meaning of matrimonial consent. During two sessions there were five lectures delivered. The lectures in the first session concerned the faith of the nupturients as the element of matrimonial consent, verifying it nupturients do not exclude indissolubility of marriage, and the question as to whether a marriage motivated by pregnancy always incurs manifest nullity within the meaning of the Apostolic Letter Motu Proprio of Supreme Pontiff Francis Mitis Iudex Dominus Iesus. The last two lectures discussed marriages contracted for other than specifically religious reasons (e.g. economical), and pre-nuptial agreements –especially their influence on the validity of matrimonial consent.
Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 83 - 96
https://doi.org/10.4467/20844131KS.20.006.11772The article is the edition of two sources supplementing the publication series “Akta zjazdów stanów Wielkiego Księstwa Litewskiego” [Records of Conventions of the Estates of the Grand Duchy of Lithuania] edited by Henryk Lulewicz. Both documents refer to the Lithuanian Convocation of 1615. One of them is “Punkta postanowiene na Convocatiey” [Resolutions Adopted at the Convocation] (Vilnius, 5 VI 1615), prepared for the deputies who were to present the resolutions of the general convocation to Sigismund III Vasa. The other one is the king’s response to the resolutions and the above-mentioned decisions of the Lithuanian Convocation. In the introduction to the published materials I stress the significance of the ruler’s response to the resolutions of the estates of the Grand Duchy of Lithuania. With few exceptions, the approval of the monarch was necessary to make tax resolutions and legal standards valid law. Therefore, the final process of the legislative procedure of the Grand Duchy of Lithuania needs to be taken into consideration in the context of historical and legal research.
* Edycja źródłowa powstała w ramach projektu badawczego Narodowego Centrum Nauki SONATA, nr 2016/23/D/HS3/03210 pt. „Rewolucja militarna jako czynnik modernizacyjny skarbowości i organizacji państwa polsko-litewskiego na tle europejskim”.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 97 - 100
https://doi.org/10.4467/20844131KS.20.007.11773Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 101 - 103
https://doi.org/10.4467/20844131KS.20.008.11774Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 105 - 110
https://doi.org/10.4467/20844131KS.20.009.11775On the 19th of September 2019, the Faculty of Law and Administration of the Jagiellonian University organised an academic conference entitled “Łącząnas źródła”[“Sources connect us”]. The symposium was combined with the celebrations of the 90th birthday of Prof. Stanisław Grodziski, an outstanding legal historian, author of around 500 publications, and former Dean of the Faculty (1978–1981) and Vice-Rector of the University (1987–1990), who also has an Honorary Doctorate from the University of Wrocław. One of the significant areas of Prof. Grodziski’s academic activity is in the editing of legal history sources. The subject of the conference was therefore a great occasion to focus on Prof. Grodziski’s achievements in this field of study. In the jubilee part of the conference, presided over by Vice-Rector for University Development, Prof. Dorota Malec, speeches were given by Prof. Wojciech Nowak, Rector of the Jagiellonian University, and by Prof. Jerzy Pisuliński, Dean of the Faculty of Law and Administration. The laudation for Prof. Grodziski was delivered by Prof. Wacław Uruszczak. The subsequent part of the conference consisted of 15 papers, divided into three sessions, presented by scholars affiliated with various academic centres. The presentations concerned current or planned editing works regarding legal history sources. Moreover, various methods of applying these sources to academic research and educational activities at the university, as well as to judicial decisions, were discussed. To conclude the conference, Dr. Hab. Maciej Mikuła presented the basic assumptions of the novel project concerning the electronic meta-edition of legal history sources “IURA. Sources of Laws from the Past”.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 111 - 112
https://doi.org/10.4467/20844131KS.20.010.11776Kinga Ciosk, Bartosz Gałucha, Arkadiusz Piskorz, Ilona Rębisz
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 113 - 115
https://doi.org/10.4467/20844131KS.20.011.11777Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 117 - 119
https://doi.org/10.4467/20844131KS.20.012.11778The symposium „I take You to be my wife / husband...? What do the nupturients mean today?”was held on November 15, 2018. It was organized by the Faculty of Canon Law of the Pontifical University of John Paul II in Kraków. The main topic of the conference was the meaning of matrimonial consent. During two sessions there were five lectures delivered. The lectures in the first session concerned the faith of the nupturients as the element of matrimonial consent, verifying it nupturients do not exclude indissolubility of marriage, and the question as to whether a marriage motivated by pregnancy always incurs manifest nullity within the meaning of the Apostolic Letter Motu Proprio of Supreme Pontiff Francis Mitis Iudex Dominus Iesus. The last two lectures discussed marriages contracted for other than specifically religious reasons (e.g. economical), and pre-nuptial agreements –especially their influence on the validity of matrimonial consent.
Marzena Dyjakowska
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 1 - 15
https://doi.org/10.4467/20844131KS.20.001.11767The objective of the paper is to present the current state of research on the silhouette and activity of Pedro Ruiz de Moros (Roysius), as well as on his work Decisiones Lituanicae, and put forward research postulates. The author presented in particular the results of research conducted by Tomasz Fijałkowski and Andrzej Kremer, and proposed directions in which these studies should be supplemented. One of the postulates is to take a closer look at Roysius as a Renaissance expert in Roman law. Another postulate is to conduct in-depth research into elements of Roman law in Decisiones, and then determine the influence of this work on judicial practice. Another area of research is the activity of Roysius in the Grand Duchy of Lithuania, in particular his role in the work on the Second Statute of the Grand Duchy of Lithuania and the development of the Statutes of the Samogitian chapter. Next, the postulate of publishing Decisiones’ translation into Polish was presented, and difficulties and doubts related to the translation were indicated.
Tadeusz Maciejewski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 17 - 24
https://doi.org/10.4467/20844131KS.20.002.11768Recently, two monographs have been published that are directly related to the research topic. The purpose of their writing was to supplement the existing Polish and European literature concerning the political history and organization of those European Free Cities which significantly influenced the development of the political and socio-economic relations of the continent over 150 years of the nineteenth and twentieth centuries. Closer attention to the above-mentioned subject has become urgent, especially due to the lack of relevant studies in European literature, which has been examined only fragmentarily. The emergence of free cities, sometimes also referred to as “countries”in Europe, was, of course, with the exception of Germany, mainly the effect of inter-empire or inter-state cooperation in order to prevent political and national conflicts by establishing a new European order to prevent such conflicts in the future (such as at the Vienna Congress, and Versailles and Potsdam). As it turned out, the adopted decisions were temporary, and their durations lasted from several to several dozen years. Each of them promulgated their own constitution at that time, the texts of which will be published in a separate publication.
Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 25 - 50
https://doi.org/10.4467/20844131KS.20.003.11769The article is the result of archival research, executed under the leadership of Prof. Zbigniew Naworski within the framework of an academic project financed by the National Science Centre (the OPUS 14 program). The author tries to show basic rules and problems associated with research on civil court case files in Polish archives from the interwar period. The starting points for his considerations are the history of Polish archival law on the criteria for the assessment of the archival value of court files, and the consequences of adopting them into practice. Besides that, he tries to emphasize how essential the archival finding aids are for this type of research, as well as how their absence is a key issue to the effectiveness of archival research. Those are crucial factors, especially when a legal historian needs to work on numerous, diffused, and not always organized archival collections. Unfortunately, this is an issue with interwar court case files. The author suggests how the archival staff might improve the shaping of the archival inventories on court case files, to make them more accessible and easier to work with. He also tries to demonstrate the advantages of creating other archival aids on this type of source material –especially archival descriptive inventories and indexes which are very helpful for preliminary research. In the end, the author shares his experiences of his attempts to reconstruct or regain lost court case files using other archival collections of sources of interwar family archives or barristers files.
*Artykuł został przygotowany w toku realizacji projektu badawczego finansowanego przez Narodowe Centrum Nauki w programie OPUS 14 (nr 2017/27/B/HS5/02679) zatytułowanego Fideikomisy familijne w Drugiej Rzeczypospolitej w świetle orzecznictwa sądów cywilnych. Dzieje funkcjonowania feudalnej instytucji prawnej w obrocie prawnym państwa nowoczesnego. Tekst ma charakter historycznoprawny, wykorzystuje jednak i silnie nawiązuje do terminologii i metod badawczych archiwistyki. W konsekwencji w dalszym toku wywodu będęużywałw skrótowej formie standardowych skrótów używanych w nauce i praktyce archiwalnej.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 51 - 60
https://doi.org/10.4467/20844131KS.20.004.11770The study of post-war crime is becoming more and more popular among Polish researchers. The basic source for conducting this kind of research is criminal files, primarily those of the regional courts operating in the years 1945–1950. The author calls attention to both statutory and actual restrictions on access to source materials. He also notes how using other, non-official sources or witness accounts in this type of research will not always be appropriate. He postulates that research on post-war crime in Poland should be designed primarily as research on crime in the juridical sense. The author also indicates that research on post-war crime has many points in common with the so-called historical criminology.
Marcin Łysko
Cracow Studies of Constitutional and Legal History, Volume 13, Issue 1, Volume 13 (2020), pp. 61 - 81
https://doi.org/10.4467/20844131KS.20.005.11771In March 1968, in the streets of Warsaw, Polish students protested against the communist authorities’ restriction of freedom of cultural and artistic activity. Demonstrations taking place during the so-called March events were brutally pacified by the militia, and participants in the events were charged with breach of the peace. When considering cases of their offenses, the penal-administrative colleges imposed severe basic arrest penalties and high fines, which were usually immediately convertible into alternative arrest. The penalties isolating the offender from society were imposed in an accelerated procedure without any guarantee of defence of the rights of the accused. This practice of the colleges’ severe punishment of participants in social protests, which was initiated during the March events of 1968, would be repeated during successive political crises of the 1970s and 1980s.
Publication date: 19.12.2019
Editors of the Issue:
Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji, przez CAN-PACK S.A. oraz przez Uniwersytet Gdańsk.
The publication has been sponsored by Jagiellonian University in Krakow by CAN-PACK S.A., and by University of Gdańsk.
Adam Moniuszko
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 481 - 491
https://doi.org/10.4467/20844131KS.19.023.11641The present paper focuses on Iura Masoviae Terrestria – an unfinished collection of sources for Masovian law. Work on the volume started back in the latter half of the 20th century. Back in 1956, Professor Jakub Sawicki obtained financial support from the Polish Academy of Sciences [PAN] to produce the publication. These funds allowed him to assemble a project team and begin research in the archives. The main goal of the project was to publish all general individual public acts of Masovian law from a period beginning in the 13th century through 1577, i.e. up to the introduction of Polish law in the former Duchy of Masovia. Despite an advanced level of preparation, financial support for the project was withheld in 1958, and progress on its preparation was stopped for a decade. Work was resumed in 1969 with plans for publishing the sources of Masovian law in five volumes, the last with indexes and translation into Polish of the most important Latin acts of the Masovian law. Finally, the first three volumes were published in 1972–1974. Due to health problems and ultimately the passing of Prof. Sawicki, the fourth volume, containing the acts from the 1541–1577 period was never published. Materials for its completion are preserved in Prof. Sawicki’s papers in PAN archives. They are to a great extent ready for publishing, although some additional research seems inevitable. The current paper presents perspectives for completing the fourth volume, as well as for possible continuation of the completion of Iura Masoviae Terrestria.
Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 493 - 522
https://doi.org/10.4467/20844131KS.19.024.11642The article presents the circumstances of the convening of the Lithuanian convocation of 1615, along with the course of the event and the resolutions it considered, with special consideration of the procedure for enacting law in this form of parliamentary assembly. Before the convocation could be convened, deputies had to be elected at pre-convocation sejmiks. Then, the deputies and the senators had to assemble at the time and place specified in the royal legacja. The sessions of the 1615 convocation lasted from May 21st to June 5th and took place in two chambers. There were at least 6 senators and more than 50 deputies. The resolutions passed during the convocation can be divided into 31 issues. They were recorded, and messengers were appointed at the convocation to carry their contents to the king. It was only after the monarch expressed his consent that the tax resolutions and legal standards became the applicable law. Sigismund III rejected three resolutions, modified two, and approved eighteen. The article presents in detail the output of the convocation, both in terms of passing tax laws and enacting other entirely new laws.
* Artykuł powstał w ramach projektu badawczego Narodowego Centrum Nauki SONATA, nr 2016/23/D/HS3/03210 pt. „Rewolucja militarna jako czynnik modernizacyjny skarbowości i organizacji państwa polsko-litewskiego na tle europejskim”.
Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 523 - 535
https://doi.org/10.4467/20844131KS.19.025.11643The aim of this article is to present the status of the Free City of Kraków in the policies of its neighbouring states, i.e. Austria, Prussia, and Russia, in regards to regional security (in areas of Central and Eastern Europe under the legal or real sovereignty of these powers). The main objective of the regional policy conducted by these powers was to protect the status quo and maintain the ancien régime in their respective states, along with upholding security and public order in the region. The article draws attention to the main ideas underlying the cooperation of these counties in this respect, and identifies the conventions and secret agreements that had direct impact on the creation, functioning, and dismantling of the Republic of Kraków. It further discusses the roles of the representatives of the protecting powers in Kraków, and their influence on the activity and reorganization of the city’s administration, police, militia, and judiciary. It offers examples that illustrate the consequences that the inhabitants of the Free City of Kraków suffered due to the legal and factual dependence of the state on the policies of the partitioning powers.
Maria Lewandowicz
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 537 - 553
https://doi.org/10.4467/20844131KS.19.026.11644
This article is devoted to the issues around unification of inheritance law in Switzerland in the 19th century. Its objective is to demonstrate the problems confronting the Swiss legislature, the strategy adopted, and methods implemented for taking action in the face of having to reconcile diverse traditions, customs, and expectations under a single act. Eugen Huber, the main architect of the codification, strove to achieve a compromise that would allow the creation of a unified legal system based on the erstwhile legislative thought and technique, without having to forsake everything previously tried and trusted by this very diverse nation, grouped in small communities. He did so by pursuing the idea of universalization of testamentary succession, which had been marginalized in Swiss tradition since medieval times. The cantonal and common inheritance law which obtained till the time of codification was a mosaic of various laws, both with reference to the methods and the purposes of regulations. In this situation unification of the law through broadly understood self-regulating mechanisms of the market was probably the best choice. Implementing the institution of testamentary inheritance into the general legal system resulted in a situation whereby the society could, on the basis of common rules of conduct, independently determine its material situation in the event of a death, while remaining faithful to prevailing traditions and values. Unification through the introduction of common methods of conduct, and not through imposition of common principles and values, allowed the Swiss to harmonize apparently contradictory ideals of social cohesion and individualism, as well as to harmonize state interventionism with the right to self-determination.
* Artykuł powstał w ramach realizacji projektu „Szwajcarski kodeks cywilny z 10 grudnia 1907 roku – cele i metody” nr 2017/26/D/HS5/00625, finansowanego przez Narodowe Centrum Nauki.
Dunja Pastović
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 555 - 574
https://doi.org/10.4467/20844131KS.19.027.11645The paper examines the process of the unification of substantive and procedural criminal law in the Yugoslav state during the interwar period. Despite its unitary and centralistic administrative organization, the Yugoslav state at the time was characterized by legal particularism. Among the territories that encompassed the Kingdom of Serbs, Croats, and Slovenes there were substantially different legal systems, and hence, considerably diverse sources of law, since they had been parts of different political and territorial units prior to the unification. After the unification, there were six criminal codes and equally as many codes of criminal procedure in force in the territory of the Kingdom. Reformation and unification of substantive and procedural criminal law became an inevitable task, which was regarded as being urgent because achieving the standardization of the legal system was considered as a step forward, which would facilitate and solidify the unity and the proclaimed centralism that the state sought. Despite the initial efforts towards unification of criminal law that were begun by the beginning of 1919, the process was nevertheless turbulent, slow-going, and inefficient. Such circumstances were deeply conditioned by the permanent political instability, which emerged from continuous changes in the person of the Minister of Justice that always occurred in very short periods. The unification of criminal law was finally achieved only after the proclamation of the Dictatorship in 1929.
Katarzyna Laskowska
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 575 - 590
https://doi.org/10.4467/20844131KS.19.028.11646The object of the study presented in Prof. Katarzyna Laskowska’s paper is crimes that constitute relics of local customs, which are regulated in three Soviet codes. Interest in those crimes was due to the fact that acts associated with clan lifestyles of some nations of the USSR were considered to be offenses. Consequently, the research problem was formulated by the following question: “How did the state fight against traditions and customs of some of the nations inhabiting the Soviet Union?” The research hypothesis, in turn, was formulated by the following assumption: “The state fought against traditions and customs of some of the nations inhabiting the Soviet Union by criminalizing them in penal codes.” The source materials used were mostly the penal codes of the RSFSR of 1922, 1926, and 1960, as well as the legal and criminological literature from those periods. Their analysis enabled the researcher to reach the conclusion that Soviet authorities fought against crimes that constituted relics of local customs by use of criminal law in an instrumental manner in order to implement the ideology of the new political system and the authorities.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 591 - 607
https://doi.org/10.4467/20844131KS.19.029.11647We present three source texts. The first are the writings of father Dhiel, General Superintendent of the Reformed Evangelical Congregations, which dealt with matrimonial laws and divorces. Next is the draft act by A. Bieńkowski concerning property contracts between spouses, and the last are fragments of Civil Reform Committee session minutes regarding these writings. The author of the first text covered three issues of fundamental significance to the Protestants, those being: obstacles to contracting marriage, premises for divorce, and the problems of jurisdiction in divorce cases. The author of the published draft act, in turn, postulated the reinstatement of the separation of assets, which had functioned previously under ius terrestre as the statutory property regime in marriage. This solution was in direct opposition to the one introduced in the Napoleonic Code. The draft act was much shorter than the chapter of the Napoleonic Code that it was to replace: 34 articles as compared to 195. In many aspects it could be deemed fragmentary, written from the perspective of the landed gentry, and omitting many problems that concerned other social strata.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 609 - 619
https://doi.org/10.4467/20844131KS.19.030.11648The reviewed book by Dr. Jozef Koredczuk entitled The inheritance of real estate in light of the caselaw of the Lviv Appellate Circuit courts in the Second Polish Republic is a monograph. It is a pioneer elaboration in the history of Polish law. The theme of the book focuses on cases regulated primarily by the Austrian Civil Code (ABGB) of 1811. This Code was binding in the Polish territory of the so-called Galicia (today, the Malopolska region) for almost 135 years, from 1812 until the end of 1946. The author narrows his research down to the jurisdiction of the Lvi’v appellate courts between 1918 and 1939. The author does not go directly to court records, but to previously published judicial decisions and their justifications. The researcher’s subject of interest is the inheritance of real estate, and thus leaving inheritance of chattels and rights behind.
Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 621 - 626
https://doi.org/10.4467/20844131KS.19.031.11649Piotr Kitowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 627 - 631
https://doi.org/10.4467/20844131KS.19.032.11650In 2018, Prof. Stanisław Salmonowicz, published his latest book entitled Polish Prussia or West Prussia. Selected Studies (Kashubian Institute in Gdańsk). It consists of the author’s biography and eight texts published in the last 30 years. The key binding individual works together is the subject of Prussia, in which Prof. Salmonowicz specializes and is an undisputed academic authority. They raise the issue of relations between Royal Prussia and the Crown, the role of Königsberg in the era of Enlightenment, the functioning of the Academic Schools in Prussia and their importance for the identity of its inhabitants, the language in everyday life of early modern Toruń, the culture of Pomerania, and the image of Poland as seen through the eyes of Georg Forster. Assembling these broad elements into a single publication provides a major asset for researchers dealing with Prussian issues in general, and more broadly, with modern history.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 633 - 635
https://doi.org/10.4467/20844131KS.19.033.11651The reviewed book includes 182 medieval inventories of the chattels of Cracow burghers. It is doubtless a very valuable source for research in the area of the history of personal belongings. The objective of the short report is to show the value of such a source for legal-historical research. The book takes into consideration phenomena in the areas of inheritance and marriage law. But the main part of the review is the analysis of information found in the works of lawyers, which is especially worthwhile for research on the legal culture of medieval Polish towns.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 637 - 647
https://doi.org/10.4467/20844131KS.19.034.11652Subsequent to his 1992 publication, Professor Stanisław Salmonowicz’s new book is his most recent foray into the presentation of the life of Ludwik Muzyczka. The book acquaints the reader with Muzyczka’s life events, showing the wide range of his activities, from his participation in the Polish Legions during the struggle for Poland’s independence, to his later service in the Polish Armed Forces, fighting to shape the borders of the revived Polish state, to his commitment to social and political issues in the Second Polish Republic, as well as his involvement in various conspiracies during the Second World War and in the Polish People’s Republic, to the final stage of restoring the remembrance of the heroes of the Polish Home Army. The most significant period of Muzyczka’s activity was during the Second World War. The experience he gained working in public administration offices of interwar Poland, including his tenure as starosta – the chief administrative officer of the powiat administrative unit, proved useful in the creation of the administrative structures of the Polish Secret State. Beyond doubt, his greatest achievement in that field was the large-scale enterprise of the organisation and management of Szefostwo Biur Wojskowych Komendy Głównej ZWZ-AK [The Command of Military Offices of the General Headquarters of the Union of Armed Struggle-Home Army]. The publication comprises two parts and an annex. Muzyczka’s biography, divided into five chapters, constitutes the first part. The second part contains several studies concerning selected issues related to Muzyczka’s activities. The annex consists of three papers by Stanisław Salmonowicz, i.a. including a list of Muzyczka’s most important texts, and of four source texts. Stanisław Salmonowicz’s book should be considered obligatory reading for those historians who deal with the history of the Polish Underground State and the conspiracy activities after 1945, as well as for historians of administration.
Bartosz Ziobroń
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 649 - 654
https://doi.org/10.4467/20844131KS.19.035.11653This text is a review of Dr. Jacek Przygodzki’s book, ‘Commissions for Improving Public Administration in the Second Republic of Poland. A Historical and Legal Study’, which was published by the Publishing House of the University of Wrocław in 2019. This work summarises the author’s previous scholarly research in the field of the organization of public administration in interwar Poland. Dr. Przygodzki elaborates the complete history of all five of the commissions for the modernisation of administration, from the time of Poland’s regaining its independence to the completion of the work of the Jaroszyński Committee in 1933. The review discusses the structure of the monograph and research methods used by the author, and draws attention to a rich base of sources and extensive literature on the subject. In the conclusion, it is stated that Dr. Przygodzki’s book is a scholastically reliable work that gives the reader many interesting bits of information about the organization of public administration in the Second Republic of Poland.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 655 - 658
https://doi.org/10.4467/20844131KS.19.036.11654The commemorative ceremony for the 550th anniversary of the establishment of the Polish bicameral parliament in Piotrków Trybunalski was organised by the Marshal of the Sejm, Marek Kuchciński, and the Deputy Marshal of the Senate Maria Koc. As demonstrated by Prof. Wacław Uruszczak, it was in Piotrków, from the 9th to the 31st of October 1468, that the first Polish bicameral Sejm gathered, with the participation of territorial envoys elected by local legislatures (sejmiki). The jubilee celebrations began with a Holy Mass, which was followed by the unveiling of the plaque in the Castle Square commemorating the event of 550 years prior, and the opening of a special exhibition at the Royal Castle in Piotrków. One of the important elements of the celebrations was the academic conference entitled “From Piotrków to Warsaw. The 550th Anniversary of the Parliamentarism of the Republic of Poland”. During the symposium, speeches were given by scholars from several research centres who deal with the history of Polish parliamentary system. The celebrations in Piotrków were part of a series of national events related to the anniversary. Among these, it is worth mentioning the session of the National Assembly (July 13, 2018) and the academic conference entitled “The Sejm of the First Polish Republic – the Parliament of Many Nations and the European State Representations” (April 27, 2018), which both took place at the Royal Castle in Warsaw.
Bartosz Ziobroń
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 649 - 654
https://doi.org/10.4467/20844131KS.19.035.11653This text is a review of Dr. Jacek Przygodzki’s book, ‘Commissions for Improving Public Administration in the Second Republic of Poland. A Historical and Legal Study’, which was published by the Publishing House of the University of Wrocław in 2019. This work summarises the author’s previous scholarly research in the field of the organization of public administration in interwar Poland. Dr. Przygodzki elaborates the complete history of all five of the commissions for the modernisation of administration, from the time of Poland’s regaining its independence to the completion of the work of the Jaroszyński Committee in 1933. The review discusses the structure of the monograph and research methods used by the author, and draws attention to a rich base of sources and extensive literature on the subject. In the conclusion, it is stated that Dr. Przygodzki’s book is a scholastically reliable work that gives the reader many interesting bits of information about the organization of public administration in the Second Republic of Poland.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 655 - 658
https://doi.org/10.4467/20844131KS.19.036.11654The commemorative ceremony for the 550th anniversary of the establishment of the Polish bicameral parliament in Piotrków Trybunalski was organised by the Marshal of the Sejm, Marek Kuchciński, and the Deputy Marshal of the Senate Maria Koc. As demonstrated by Prof. Wacław Uruszczak, it was in Piotrków, from the 9th to the 31st of October 1468, that the first Polish bicameral Sejm gathered, with the participation of territorial envoys elected by local legislatures (sejmiki). The jubilee celebrations began with a Holy Mass, which was followed by the unveiling of the plaque in the Castle Square commemorating the event of 550 years prior, and the opening of a special exhibition at the Royal Castle in Piotrków. One of the important elements of the celebrations was the academic conference entitled “From Piotrków to Warsaw. The 550th Anniversary of the Parliamentarism of the Republic of Poland”. During the symposium, speeches were given by scholars from several research centres who deal with the history of Polish parliamentary system. The celebrations in Piotrków were part of a series of national events related to the anniversary. Among these, it is worth mentioning the session of the National Assembly (July 13, 2018) and the academic conference entitled “The Sejm of the First Polish Republic – the Parliament of Many Nations and the European State Representations” (April 27, 2018), which both took place at the Royal Castle in Warsaw.
Adam Moniuszko
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 481 - 491
https://doi.org/10.4467/20844131KS.19.023.11641The present paper focuses on Iura Masoviae Terrestria – an unfinished collection of sources for Masovian law. Work on the volume started back in the latter half of the 20th century. Back in 1956, Professor Jakub Sawicki obtained financial support from the Polish Academy of Sciences [PAN] to produce the publication. These funds allowed him to assemble a project team and begin research in the archives. The main goal of the project was to publish all general individual public acts of Masovian law from a period beginning in the 13th century through 1577, i.e. up to the introduction of Polish law in the former Duchy of Masovia. Despite an advanced level of preparation, financial support for the project was withheld in 1958, and progress on its preparation was stopped for a decade. Work was resumed in 1969 with plans for publishing the sources of Masovian law in five volumes, the last with indexes and translation into Polish of the most important Latin acts of the Masovian law. Finally, the first three volumes were published in 1972–1974. Due to health problems and ultimately the passing of Prof. Sawicki, the fourth volume, containing the acts from the 1541–1577 period was never published. Materials for its completion are preserved in Prof. Sawicki’s papers in PAN archives. They are to a great extent ready for publishing, although some additional research seems inevitable. The current paper presents perspectives for completing the fourth volume, as well as for possible continuation of the completion of Iura Masoviae Terrestria.
Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 493 - 522
https://doi.org/10.4467/20844131KS.19.024.11642The article presents the circumstances of the convening of the Lithuanian convocation of 1615, along with the course of the event and the resolutions it considered, with special consideration of the procedure for enacting law in this form of parliamentary assembly. Before the convocation could be convened, deputies had to be elected at pre-convocation sejmiks. Then, the deputies and the senators had to assemble at the time and place specified in the royal legacja. The sessions of the 1615 convocation lasted from May 21st to June 5th and took place in two chambers. There were at least 6 senators and more than 50 deputies. The resolutions passed during the convocation can be divided into 31 issues. They were recorded, and messengers were appointed at the convocation to carry their contents to the king. It was only after the monarch expressed his consent that the tax resolutions and legal standards became the applicable law. Sigismund III rejected three resolutions, modified two, and approved eighteen. The article presents in detail the output of the convocation, both in terms of passing tax laws and enacting other entirely new laws.
* Artykuł powstał w ramach projektu badawczego Narodowego Centrum Nauki SONATA, nr 2016/23/D/HS3/03210 pt. „Rewolucja militarna jako czynnik modernizacyjny skarbowości i organizacji państwa polsko-litewskiego na tle europejskim”.
Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 523 - 535
https://doi.org/10.4467/20844131KS.19.025.11643The aim of this article is to present the status of the Free City of Kraków in the policies of its neighbouring states, i.e. Austria, Prussia, and Russia, in regards to regional security (in areas of Central and Eastern Europe under the legal or real sovereignty of these powers). The main objective of the regional policy conducted by these powers was to protect the status quo and maintain the ancien régime in their respective states, along with upholding security and public order in the region. The article draws attention to the main ideas underlying the cooperation of these counties in this respect, and identifies the conventions and secret agreements that had direct impact on the creation, functioning, and dismantling of the Republic of Kraków. It further discusses the roles of the representatives of the protecting powers in Kraków, and their influence on the activity and reorganization of the city’s administration, police, militia, and judiciary. It offers examples that illustrate the consequences that the inhabitants of the Free City of Kraków suffered due to the legal and factual dependence of the state on the policies of the partitioning powers.
Maria Lewandowicz
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 537 - 553
https://doi.org/10.4467/20844131KS.19.026.11644
This article is devoted to the issues around unification of inheritance law in Switzerland in the 19th century. Its objective is to demonstrate the problems confronting the Swiss legislature, the strategy adopted, and methods implemented for taking action in the face of having to reconcile diverse traditions, customs, and expectations under a single act. Eugen Huber, the main architect of the codification, strove to achieve a compromise that would allow the creation of a unified legal system based on the erstwhile legislative thought and technique, without having to forsake everything previously tried and trusted by this very diverse nation, grouped in small communities. He did so by pursuing the idea of universalization of testamentary succession, which had been marginalized in Swiss tradition since medieval times. The cantonal and common inheritance law which obtained till the time of codification was a mosaic of various laws, both with reference to the methods and the purposes of regulations. In this situation unification of the law through broadly understood self-regulating mechanisms of the market was probably the best choice. Implementing the institution of testamentary inheritance into the general legal system resulted in a situation whereby the society could, on the basis of common rules of conduct, independently determine its material situation in the event of a death, while remaining faithful to prevailing traditions and values. Unification through the introduction of common methods of conduct, and not through imposition of common principles and values, allowed the Swiss to harmonize apparently contradictory ideals of social cohesion and individualism, as well as to harmonize state interventionism with the right to self-determination.
* Artykuł powstał w ramach realizacji projektu „Szwajcarski kodeks cywilny z 10 grudnia 1907 roku – cele i metody” nr 2017/26/D/HS5/00625, finansowanego przez Narodowe Centrum Nauki.
Dunja Pastović
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 555 - 574
https://doi.org/10.4467/20844131KS.19.027.11645The paper examines the process of the unification of substantive and procedural criminal law in the Yugoslav state during the interwar period. Despite its unitary and centralistic administrative organization, the Yugoslav state at the time was characterized by legal particularism. Among the territories that encompassed the Kingdom of Serbs, Croats, and Slovenes there were substantially different legal systems, and hence, considerably diverse sources of law, since they had been parts of different political and territorial units prior to the unification. After the unification, there were six criminal codes and equally as many codes of criminal procedure in force in the territory of the Kingdom. Reformation and unification of substantive and procedural criminal law became an inevitable task, which was regarded as being urgent because achieving the standardization of the legal system was considered as a step forward, which would facilitate and solidify the unity and the proclaimed centralism that the state sought. Despite the initial efforts towards unification of criminal law that were begun by the beginning of 1919, the process was nevertheless turbulent, slow-going, and inefficient. Such circumstances were deeply conditioned by the permanent political instability, which emerged from continuous changes in the person of the Minister of Justice that always occurred in very short periods. The unification of criminal law was finally achieved only after the proclamation of the Dictatorship in 1929.
Katarzyna Laskowska
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 575 - 590
https://doi.org/10.4467/20844131KS.19.028.11646The object of the study presented in Prof. Katarzyna Laskowska’s paper is crimes that constitute relics of local customs, which are regulated in three Soviet codes. Interest in those crimes was due to the fact that acts associated with clan lifestyles of some nations of the USSR were considered to be offenses. Consequently, the research problem was formulated by the following question: “How did the state fight against traditions and customs of some of the nations inhabiting the Soviet Union?” The research hypothesis, in turn, was formulated by the following assumption: “The state fought against traditions and customs of some of the nations inhabiting the Soviet Union by criminalizing them in penal codes.” The source materials used were mostly the penal codes of the RSFSR of 1922, 1926, and 1960, as well as the legal and criminological literature from those periods. Their analysis enabled the researcher to reach the conclusion that Soviet authorities fought against crimes that constituted relics of local customs by use of criminal law in an instrumental manner in order to implement the ideology of the new political system and the authorities.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 591 - 607
https://doi.org/10.4467/20844131KS.19.029.11647We present three source texts. The first are the writings of father Dhiel, General Superintendent of the Reformed Evangelical Congregations, which dealt with matrimonial laws and divorces. Next is the draft act by A. Bieńkowski concerning property contracts between spouses, and the last are fragments of Civil Reform Committee session minutes regarding these writings. The author of the first text covered three issues of fundamental significance to the Protestants, those being: obstacles to contracting marriage, premises for divorce, and the problems of jurisdiction in divorce cases. The author of the published draft act, in turn, postulated the reinstatement of the separation of assets, which had functioned previously under ius terrestre as the statutory property regime in marriage. This solution was in direct opposition to the one introduced in the Napoleonic Code. The draft act was much shorter than the chapter of the Napoleonic Code that it was to replace: 34 articles as compared to 195. In many aspects it could be deemed fragmentary, written from the perspective of the landed gentry, and omitting many problems that concerned other social strata.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 609 - 619
https://doi.org/10.4467/20844131KS.19.030.11648The reviewed book by Dr. Jozef Koredczuk entitled The inheritance of real estate in light of the caselaw of the Lviv Appellate Circuit courts in the Second Polish Republic is a monograph. It is a pioneer elaboration in the history of Polish law. The theme of the book focuses on cases regulated primarily by the Austrian Civil Code (ABGB) of 1811. This Code was binding in the Polish territory of the so-called Galicia (today, the Malopolska region) for almost 135 years, from 1812 until the end of 1946. The author narrows his research down to the jurisdiction of the Lvi’v appellate courts between 1918 and 1939. The author does not go directly to court records, but to previously published judicial decisions and their justifications. The researcher’s subject of interest is the inheritance of real estate, and thus leaving inheritance of chattels and rights behind.
Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 621 - 626
https://doi.org/10.4467/20844131KS.19.031.11649Piotr Kitowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 627 - 631
https://doi.org/10.4467/20844131KS.19.032.11650In 2018, Prof. Stanisław Salmonowicz, published his latest book entitled Polish Prussia or West Prussia. Selected Studies (Kashubian Institute in Gdańsk). It consists of the author’s biography and eight texts published in the last 30 years. The key binding individual works together is the subject of Prussia, in which Prof. Salmonowicz specializes and is an undisputed academic authority. They raise the issue of relations between Royal Prussia and the Crown, the role of Königsberg in the era of Enlightenment, the functioning of the Academic Schools in Prussia and their importance for the identity of its inhabitants, the language in everyday life of early modern Toruń, the culture of Pomerania, and the image of Poland as seen through the eyes of Georg Forster. Assembling these broad elements into a single publication provides a major asset for researchers dealing with Prussian issues in general, and more broadly, with modern history.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 633 - 635
https://doi.org/10.4467/20844131KS.19.033.11651The reviewed book includes 182 medieval inventories of the chattels of Cracow burghers. It is doubtless a very valuable source for research in the area of the history of personal belongings. The objective of the short report is to show the value of such a source for legal-historical research. The book takes into consideration phenomena in the areas of inheritance and marriage law. But the main part of the review is the analysis of information found in the works of lawyers, which is especially worthwhile for research on the legal culture of medieval Polish towns.
Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 4, Volume 12 (2019), pp. 637 - 647
https://doi.org/10.4467/20844131KS.19.034.11652Subsequent to his 1992 publication, Professor Stanisław Salmonowicz’s new book is his most recent foray into the presentation of the life of Ludwik Muzyczka. The book acquaints the reader with Muzyczka’s life events, showing the wide range of his activities, from his participation in the Polish Legions during the struggle for Poland’s independence, to his later service in the Polish Armed Forces, fighting to shape the borders of the revived Polish state, to his commitment to social and political issues in the Second Polish Republic, as well as his involvement in various conspiracies during the Second World War and in the Polish People’s Republic, to the final stage of restoring the remembrance of the heroes of the Polish Home Army. The most significant period of Muzyczka’s activity was during the Second World War. The experience he gained working in public administration offices of interwar Poland, including his tenure as starosta – the chief administrative officer of the powiat administrative unit, proved useful in the creation of the administrative structures of the Polish Secret State. Beyond doubt, his greatest achievement in that field was the large-scale enterprise of the organisation and management of Szefostwo Biur Wojskowych Komendy Głównej ZWZ-AK [The Command of Military Offices of the General Headquarters of the Union of Armed Struggle-Home Army]. The publication comprises two parts and an annex. Muzyczka’s biography, divided into five chapters, constitutes the first part. The second part contains several studies concerning selected issues related to Muzyczka’s activities. The annex consists of three papers by Stanisław Salmonowicz, i.a. including a list of Muzyczka’s most important texts, and of four source texts. Stanisław Salmonowicz’s book should be considered obligatory reading for those historians who deal with the history of the Polish Underground State and the conspiracy activities after 1945, as well as for historians of administration.
Publication date: 30.09.2019
Editor of the Issue 3:
Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji, przez CAN-PACK S.A. oraz przez Uniwersytet Gdańsk.
The publication has been sponsored by Jagiellonian University in Krakow by CAN-PACK S.A., and by University of Gdańsk.
Gábor Barabás
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 293 - 318
https://doi.org/10.4467/20844131KS.19.010.10931The paper discusses a special organisation of the medieval Papal Curia: the personal chapel of the popes, primarily focusing on the activity of its members in Hungary, during the 13th century. The papal subdeacons and chaplains played a significant role in the operation of the Apostolic See, e.g. they functioned as legates in a growing number besides cardinals, and they participated in the work of the papal chancellery, chamber, and penitentiary as well. Nevertheless, papal clerics were also to be found outside the Apostolic Court, such as in Hungary, where they can be classified into two different factions: the first major group was formed by the members of the Papal Chapel, who only visited the certain regions of church with special mandates for various kinds of tasks. In most cases, they had to deal with diplomatic affairs, or with matters of ecclesiastical government and discipline. The second category, on the one hand, consisted a group of clerics with special status, they were the so-called papal subdeacons, while on the other hand, certain members of the Hungarian clergy received the title of (honorary) papal chaplain from the popes as a reward for their services.
*The research was supported by the János Bolyai Research Scholarship of the Hungarian Academy of Sciences (BO/00148/17/2).
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 319 - 359
https://doi.org/10.4467/20844131KS.19.011.10932Austrian divorce law was in force in the territory of the former region of Galicia until the end of 1945. The possibility of seeking a civil divorce was determined by the internal law of the church that the betrothed couple belonged to on the wedding day. Thus, divorce was outlawed both for people of the Roman Catholic confession [§ 111(1) ABGB] and for married couples where even one of the spouses confessed the Roman Catholic religion at the time of their wedding to a non-Catholic Christian [§ 111(2) ABGB]. Not even a religious conversion on the part of the Catholic after the date of the wedding could create the possibility for the couple to obtain a divorce. In practice, Catholic residents of Małopolska resorted to “divorce migration” to more lenient legal jurisdictions. In any case, a divorce dispute was adjudicated before common courts according to state procedural rules. Divorce proceedings could be initiated in two ways, i.e. by unilateral request of one of the spouses, or by joint request of both spouses. Divorce in Jewish marriage was subject to certain legal differences, and could also be initiated in two ways, i.e. by the voluntary, uncontested request of both spouses [§§ 133–134 ABGB] or by way of a divorce application filed by the husband [§ 135(1) ABGB]. In both cases, the procedures were aimed at terminating the marriage by the husband’s presenting the wife with a so-called bill of divorce. Different civil proceedings regulated divorce disputes in Krakow in the period described (1918- 1945), i.e. the Austrian proceedings until the end of 1932 and the Polish proceedings of 1930 thereafter.
* This publication is a modified and supplemented version of a portion of Chapter 2 of the Polish-language book by Z. Zarzycki, Rozwód w świetle akt Sądu Okręgowego w Krakowie w latach 1918–1945. Studium historyczno-prawne [Divorce in Light of the Krakow District Court files in 1918–1945. A Historical and Legal Study], Krakow 2010, pp. 126–164.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 361 - 374
https://doi.org/10.4467/20844131KS.19.012.10933The lawsuit of public interest was introduced by the 20th Act of 1931 after the economic crisis in the interwar period special attention to the regulation of cartels in Europe. This Act regulated the unfair economic agreements in Hungary. The Hungarian Cartel Law regulated the supreme organs related to the cartels. In my paper I would like to examine the cases of the Cartel Court and its jurisdiction. By examining the cases, it can be stated that the role of the Cartel Court was strongly administrational in connection to lawsuits of public interest. The Cartel Court and the Cartel Committee become one of the most decisive legal institutions in the Hungarian Economic life up until the middle of the 20th Century. The state intervention appeared in the Hungarian Private Law special attention to the cartel regulation.
Václav Valeš
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 375 - 386
https://doi.org/10.4467/20844131KS.19.013.10934The article describes the restitution process that took place after 1945 in Czechoslovakia in relation to the property occupied in 1939–1945 in the Protectorate of Bohemia and Moravia for the creation of German military exercise areas. They were supposed to be used for the Germanization of the Czech lands. To create these spaces, the Nazis abused the legal order of the Czechoslovak Republic from 1918 to 1938. The restitution process subject to this territory after 1945 was governed by the separate Directive of the Settlement Office and the National Renewal Fund of 2 December 1947. It was generally based on the principles contained in the Act No. 128/1946 Coll., on the invalidity of certain propertyright acts from the time of oppression and of some other intervention into property-rights, as amended by the Act No. 79/1948 Coll. This directive was, generally speaking, more favorable to restituents than analogous legal regulations. Attention is paid not only to the content of the Directive of 2 December 1947 and related legislation, but also to its application from the end of World War II to the present. The article also refers to the professional literature, which was devoted to the topic.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 387 - 419
https://doi.org/10.4467/20844131KS.19.014.10935As part of the series of source publications commenced in the second fascicule of the 12th volume of “Krakowskie Studia z Historii Państwa i Prawa” [Krakow Studies in History of State and Law], we are publishing [Draft] to Replace Title 5 of Book 1 of the French Civil Code and fragments of the minutes of Civil Reform Committee’s sessions concerning this draft. On 23 October of 1814 Antoni Bieńkowski presented at the Committee’s session drafts of marital laws: personal and property. The former of the two drafts is published below, whereas the latter will be printed in the upcoming fascicule of “Krakowskie Studia z Historii Państwa i Prawa”. This draft, similarly to the others penned by Committee members, never came into effect as law. The issue of upholding the lay system of marital law, introduced by the Napoleonic Code, remained a contentious one for years to come. In 1825 the Sejm enacted Book One of the Civil Code of the Kingdom of Poland, which implemented a mixed model of marital personal law. Lay elements, however, were a lot stronger there than in the 1814 draft (particularly, also marital issues concerning Catholics were placed within the jurisdiction of common courts of law). Also this law was heavily criticized by the conservative circles.
∗ Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.
Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 421 - 428
https://doi.org/10.4467/20844131KS.19.023.10944What is innovative in this study of the West’s attitude towards the Polish army struggling alone against Bolshevik Russia is the presentation of the discussed issue based on the rich archives of Great Britain, the USA, Russia, Switzerland, and Poland. The extensive basis is the collection of documents and printed sources as well as press articles and studies. The monograph is a very valuable item due to the quotation of many unknown or little-known archival sources, which brings readers closer to the “Polish cause” of the politicians of the great powers, deciding then on the fate of the European continent. The most interesting part of the monograph is the third part, in which the author attempted to reach, based on unused documents, the reasons for the attitude of appeasement, i.e. the attempt by the Entente states to calm down Bolshevik Russia, at the expense of the smaller states of the central-eastern part of the European continent. It is a rich psychological analysis of the motives of attitudes of the most influential politicians of that era, towards a settlement with the new rulers of Moscow. The publication is an exceptional and very carefully published work, which also contains little-known photographs from the era when the fate of the Polish Republic was weighing in the balance. In the event of a defeat in the war with Bolshevik Russia, Poland would have been thrown into the abyss of communist hell, in the cruel Russian variety met by other nations, and would have lost its independence in 1920. It most probably would not have regained it in 1945, even in the much truncated form of the eventual reality of the Polish People’s Republic. Particularly noteworthy is the captivating style of the narrative and, most importantly, the firm assumption of theses, based mostly on quotes from sources, which, naturally, is extremely convincing for the reader. All this makes this academically valuable monograph worth recommending to a wide range of readers.
Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 429 - 433
https://doi.org/10.4467/20844131KS.19.015.10936Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 435 - 439
https://doi.org/10.4467/20844131KS.19.016.10937Over the course of 2018 there were a number of significant developments in the area of legal and constitutional history in France and a large number of academic works were produced. Only the most relevant developments have been considered below. Publication dates have been omitted since this chronicle is by definition restricted to events having taken place in 2018.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 441 - 449
https://doi.org/10.4467/20844131KS.19.017.10938In the year 2018, several research projects of the Chairs of the Faculty of Law and Administration of the Jagiellonian University which are concerned with legal and constitutional history were continued, and an important new one – project IURA – was launched. Apart from these, the faculty members and postgraduate, of the Chairs were engaged in cooperation with other academic centers, including several international conferences, and the preparation of a book devoted to the memory of Prof. Janusz Sondel (1937–2017).1 A very challenging but fruitful event was the 72nd World Congress of SIHDA (Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité), organized by the Chair of Roman Law.
Adriana Švecová, Miriam Laclavíková, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 451 - 453
https://doi.org/10.4467/20844131KS.19.018.10939Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 455 - 458
https://doi.org/10.4467/20844131KS.19.019.109402018 was a year of important scholarly events for Ukrainian legal history. During this year Ukrainian scholars published several historical-legal academic works and held three professional conferences.
Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 459 - 468
https://doi.org/10.4467/20844131KS.19.020.109412018 was a productive and successful year for the study of Hungarian Legal History because among Hungarian legal historians, or foreign historians working in Hungary, there were awarded one D.Sc. degree, one habilitation, and three PhD degrees, along with the publication of 17 books dealing with issues in the sphere of Hungarian legal history. I focused strictly on the scholars and departments of Hungarian and European Legal History, to the exclusion of scholars and departments of Roman Law. This report also reviews scholarly works in legal history published in Hungary, as well as important legal history conferences held in Hungary.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 469 - 471
https://doi.org/10.4467/20844131KS.19.021.10942* Supported BY the UNKP-18-4 New National Excellence Program of the Ministry of Human Capacities.
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 473 - 475
https://doi.org/10.4467/20844131KS.19.022.10943The XXIVth Annual Forum of Young Legal Historians was organized by Faculty of Law and Administration of University of Warsaw from 14th through 17th June 2018. This years’ conference was devoted to the issues of norms and legal practice, what was reflected in most of speeches given dur- ing the conference. The organizers gathered nearly 80 speakers who about 20 countries, including non-European states (United States, Israel). As usually, the biggest group of young legal historians represented the host country. There were 6 representatives of University of Warsaw, 4 from Jagiellonian University and 3 from University of Gdansk. As well University of Bialystok as University of Lodz, Adam Mickiewicz University in Poznan, John Paul II Catholic University of Lublin, Jan Długosz University in Czestochowa and Cardinal Stefan Wyszynski University in Warsaw had one representative during the XXIVth Annual Forum of Young Legal Historians.
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 477 - 479
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 387 - 419
https://doi.org/10.4467/20844131KS.19.014.10935As part of the series of source publications commenced in the second fascicule of the 12th volume of “Krakowskie Studia z Historii Państwa i Prawa” [Krakow Studies in History of State and Law], we are publishing [Draft] to Replace Title 5 of Book 1 of the French Civil Code and fragments of the minutes of Civil Reform Committee’s sessions concerning this draft. On 23 October of 1814 Antoni Bieńkowski presented at the Committee’s session drafts of marital laws: personal and property. The former of the two drafts is published below, whereas the latter will be printed in the upcoming fascicule of “Krakowskie Studia z Historii Państwa i Prawa”. This draft, similarly to the others penned by Committee members, never came into effect as law. The issue of upholding the lay system of marital law, introduced by the Napoleonic Code, remained a contentious one for years to come. In 1825 the Sejm enacted Book One of the Civil Code of the Kingdom of Poland, which implemented a mixed model of marital personal law. Lay elements, however, were a lot stronger there than in the 1814 draft (particularly, also marital issues concerning Catholics were placed within the jurisdiction of common courts of law). Also this law was heavily criticized by the conservative circles.
∗ Niniejsza publikacja została przygotowana w ramach projektu „Kodyfikacja narodowa – fantazmat czy realna alternatywa? W kręgu debat nad rodzimym systemem prawa sądowego w konstytucyjnym Królestwie Polskim” finansowanego ze środków Narodowego Centrum Nauki na podstawie umowy nr UMO-2015/18/E/HS5/00762.
Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 421 - 428
https://doi.org/10.4467/20844131KS.19.023.10944What is innovative in this study of the West’s attitude towards the Polish army struggling alone against Bolshevik Russia is the presentation of the discussed issue based on the rich archives of Great Britain, the USA, Russia, Switzerland, and Poland. The extensive basis is the collection of documents and printed sources as well as press articles and studies. The monograph is a very valuable item due to the quotation of many unknown or little-known archival sources, which brings readers closer to the “Polish cause” of the politicians of the great powers, deciding then on the fate of the European continent. The most interesting part of the monograph is the third part, in which the author attempted to reach, based on unused documents, the reasons for the attitude of appeasement, i.e. the attempt by the Entente states to calm down Bolshevik Russia, at the expense of the smaller states of the central-eastern part of the European continent. It is a rich psychological analysis of the motives of attitudes of the most influential politicians of that era, towards a settlement with the new rulers of Moscow. The publication is an exceptional and very carefully published work, which also contains little-known photographs from the era when the fate of the Polish Republic was weighing in the balance. In the event of a defeat in the war with Bolshevik Russia, Poland would have been thrown into the abyss of communist hell, in the cruel Russian variety met by other nations, and would have lost its independence in 1920. It most probably would not have regained it in 1945, even in the much truncated form of the eventual reality of the Polish People’s Republic. Particularly noteworthy is the captivating style of the narrative and, most importantly, the firm assumption of theses, based mostly on quotes from sources, which, naturally, is extremely convincing for the reader. All this makes this academically valuable monograph worth recommending to a wide range of readers.
Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 429 - 433
https://doi.org/10.4467/20844131KS.19.015.10936Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 435 - 439
https://doi.org/10.4467/20844131KS.19.016.10937Over the course of 2018 there were a number of significant developments in the area of legal and constitutional history in France and a large number of academic works were produced. Only the most relevant developments have been considered below. Publication dates have been omitted since this chronicle is by definition restricted to events having taken place in 2018.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 441 - 449
https://doi.org/10.4467/20844131KS.19.017.10938In the year 2018, several research projects of the Chairs of the Faculty of Law and Administration of the Jagiellonian University which are concerned with legal and constitutional history were continued, and an important new one – project IURA – was launched. Apart from these, the faculty members and postgraduate, of the Chairs were engaged in cooperation with other academic centers, including several international conferences, and the preparation of a book devoted to the memory of Prof. Janusz Sondel (1937–2017).1 A very challenging but fruitful event was the 72nd World Congress of SIHDA (Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité), organized by the Chair of Roman Law.
Adriana Švecová, Miriam Laclavíková, Ingrid Lanczová
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 451 - 453
https://doi.org/10.4467/20844131KS.19.018.10939Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 455 - 458
https://doi.org/10.4467/20844131KS.19.019.109402018 was a year of important scholarly events for Ukrainian legal history. During this year Ukrainian scholars published several historical-legal academic works and held three professional conferences.
Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 459 - 468
https://doi.org/10.4467/20844131KS.19.020.109412018 was a productive and successful year for the study of Hungarian Legal History because among Hungarian legal historians, or foreign historians working in Hungary, there were awarded one D.Sc. degree, one habilitation, and three PhD degrees, along with the publication of 17 books dealing with issues in the sphere of Hungarian legal history. I focused strictly on the scholars and departments of Hungarian and European Legal History, to the exclusion of scholars and departments of Roman Law. This report also reviews scholarly works in legal history published in Hungary, as well as important legal history conferences held in Hungary.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 469 - 471
https://doi.org/10.4467/20844131KS.19.021.10942* Supported BY the UNKP-18-4 New National Excellence Program of the Ministry of Human Capacities.
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 473 - 475
https://doi.org/10.4467/20844131KS.19.022.10943The XXIVth Annual Forum of Young Legal Historians was organized by Faculty of Law and Administration of University of Warsaw from 14th through 17th June 2018. This years’ conference was devoted to the issues of norms and legal practice, what was reflected in most of speeches given dur- ing the conference. The organizers gathered nearly 80 speakers who about 20 countries, including non-European states (United States, Israel). As usually, the biggest group of young legal historians represented the host country. There were 6 representatives of University of Warsaw, 4 from Jagiellonian University and 3 from University of Gdansk. As well University of Bialystok as University of Lodz, Adam Mickiewicz University in Poznan, John Paul II Catholic University of Lublin, Jan Długosz University in Czestochowa and Cardinal Stefan Wyszynski University in Warsaw had one representative during the XXIVth Annual Forum of Young Legal Historians.
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 477 - 479
Gábor Barabás
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 293 - 318
https://doi.org/10.4467/20844131KS.19.010.10931The paper discusses a special organisation of the medieval Papal Curia: the personal chapel of the popes, primarily focusing on the activity of its members in Hungary, during the 13th century. The papal subdeacons and chaplains played a significant role in the operation of the Apostolic See, e.g. they functioned as legates in a growing number besides cardinals, and they participated in the work of the papal chancellery, chamber, and penitentiary as well. Nevertheless, papal clerics were also to be found outside the Apostolic Court, such as in Hungary, where they can be classified into two different factions: the first major group was formed by the members of the Papal Chapel, who only visited the certain regions of church with special mandates for various kinds of tasks. In most cases, they had to deal with diplomatic affairs, or with matters of ecclesiastical government and discipline. The second category, on the one hand, consisted a group of clerics with special status, they were the so-called papal subdeacons, while on the other hand, certain members of the Hungarian clergy received the title of (honorary) papal chaplain from the popes as a reward for their services.
*The research was supported by the János Bolyai Research Scholarship of the Hungarian Academy of Sciences (BO/00148/17/2).
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 319 - 359
https://doi.org/10.4467/20844131KS.19.011.10932Austrian divorce law was in force in the territory of the former region of Galicia until the end of 1945. The possibility of seeking a civil divorce was determined by the internal law of the church that the betrothed couple belonged to on the wedding day. Thus, divorce was outlawed both for people of the Roman Catholic confession [§ 111(1) ABGB] and for married couples where even one of the spouses confessed the Roman Catholic religion at the time of their wedding to a non-Catholic Christian [§ 111(2) ABGB]. Not even a religious conversion on the part of the Catholic after the date of the wedding could create the possibility for the couple to obtain a divorce. In practice, Catholic residents of Małopolska resorted to “divorce migration” to more lenient legal jurisdictions. In any case, a divorce dispute was adjudicated before common courts according to state procedural rules. Divorce proceedings could be initiated in two ways, i.e. by unilateral request of one of the spouses, or by joint request of both spouses. Divorce in Jewish marriage was subject to certain legal differences, and could also be initiated in two ways, i.e. by the voluntary, uncontested request of both spouses [§§ 133–134 ABGB] or by way of a divorce application filed by the husband [§ 135(1) ABGB]. In both cases, the procedures were aimed at terminating the marriage by the husband’s presenting the wife with a so-called bill of divorce. Different civil proceedings regulated divorce disputes in Krakow in the period described (1918- 1945), i.e. the Austrian proceedings until the end of 1932 and the Polish proceedings of 1930 thereafter.
* This publication is a modified and supplemented version of a portion of Chapter 2 of the Polish-language book by Z. Zarzycki, Rozwód w świetle akt Sądu Okręgowego w Krakowie w latach 1918–1945. Studium historyczno-prawne [Divorce in Light of the Krakow District Court files in 1918–1945. A Historical and Legal Study], Krakow 2010, pp. 126–164.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 361 - 374
https://doi.org/10.4467/20844131KS.19.012.10933The lawsuit of public interest was introduced by the 20th Act of 1931 after the economic crisis in the interwar period special attention to the regulation of cartels in Europe. This Act regulated the unfair economic agreements in Hungary. The Hungarian Cartel Law regulated the supreme organs related to the cartels. In my paper I would like to examine the cases of the Cartel Court and its jurisdiction. By examining the cases, it can be stated that the role of the Cartel Court was strongly administrational in connection to lawsuits of public interest. The Cartel Court and the Cartel Committee become one of the most decisive legal institutions in the Hungarian Economic life up until the middle of the 20th Century. The state intervention appeared in the Hungarian Private Law special attention to the cartel regulation.
Václav Valeš
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 375 - 386
https://doi.org/10.4467/20844131KS.19.013.10934The article describes the restitution process that took place after 1945 in Czechoslovakia in relation to the property occupied in 1939–1945 in the Protectorate of Bohemia and Moravia for the creation of German military exercise areas. They were supposed to be used for the Germanization of the Czech lands. To create these spaces, the Nazis abused the legal order of the Czechoslovak Republic from 1918 to 1938. The restitution process subject to this territory after 1945 was governed by the separate Directive of the Settlement Office and the National Renewal Fund of 2 December 1947. It was generally based on the principles contained in the Act No. 128/1946 Coll., on the invalidity of certain propertyright acts from the time of oppression and of some other intervention into property-rights, as amended by the Act No. 79/1948 Coll. This directive was, generally speaking, more favorable to restituents than analogous legal regulations. Attention is paid not only to the content of the Directive of 2 December 1947 and related legislation, but also to its application from the end of World War II to the present. The article also refers to the professional literature, which was devoted to the topic.
Publication date: 28.06.2019
Issue editors:
Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji.
The publication has been sponsored by Jagiellonian University, Krakow.
Kamil Stolarski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 121 - 144
https://doi.org/10.4467/20844131KS.19.005.10666The author of the paper discusses the construct of usucaption as approached by Trebatius and Fragmentum Vaticanum 1 in the context of just cause of usucaption (iusta causa usucapionis). In the sources analyzed in the text, one may find the oldest preserved mentions concerning the prerequisite for usucapio, which, according to the author, is an important element of that legal construct. The article presents the following fragments: D. 41,4,2,7; D. 41,6,4, D. 41,10,4 pr. and Fragmentum Vaticanum 1, giving much thought to the latter – particularly focusing on Labeo’s notion incorporated in the source. His standpoint, included in Fragmentum Vaticanum 1, was presented together with the opinions of earlier (veteres) and later (Sabinus, Cassius, Proculus, Celsus, Julian, and Paul) jurists. The texts indicate that at the turn of the republic and the Principate, usucaption was a well-formed institution, for which the reasonable cause of usucaption was an important premise. The lawyers of those times focused on the analyses of cases which today we would think of as the most difficult ones.
Wacław Uruszczak, Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 145 - 183
https://doi.org/10.4467/20844131KS.19.006.10667The article is devoted to three projects focused on establishing international organizations whose aim was to bring about a common peace in Europe. The first of them was worked out at the court of the King of Bohemia, George of Podiebrad, most probably in 1462; the second is mentioned in the treatise authored by French monk Émeric Crucé, andedited in 1623, under the telling title Le Nouveau Cynée; the third, on the other hand, is Grand Dessein,described in the Memoiresof Duke of Sully Maximilien de Béthune, a minister of Henry IV, the first two volumes of which appeared in 1638. The authors of the present study propose to take a new look at the projects under analysis, perceiving in them an attempt to find a remedy for the problem of wars of religion. Hence, the first of them is shown in the context of the Hussite Wars in Bohemia, whereas the other two are shown in that of the Huguenot Wars in France. The thesis is accepted in the article that George of Podiebrad’s project was primarily meant to be an answer to the current political problems of the day which the “Hussite King” was confronted with. The legal solutions included in the project could – as it seems – offer the Bohemian monarch a handy tool facilitating prevention of both a possible mutiny raised by the internal Catholic opposition, and an attack from outside, which, as a result of Pius II’s repealing of the Compactataand George’s refusal to accept the conditions of agreement proposed by the Holy See, could not be excluded. The acceptance of the thesis of political motives behind the propositions offered by the “Hussite King” does not belittle the value of the very project itself, which, in the history of European political and legal thought, was undoubtedly of paramount importance. Of the three peace plans presented here it is only the project put forward by George of Podiebrad that was invested with legal norms, constituting a ready project of an international contract. It distinguished itself against the other projects with its detailed elaboration and the complexity of the proposed solutions. Moreover, as the only one that was well-known at European courts, it became the subject of diplomatic negotiations which raised considerable interest also among its opponents. The latter were led by the papacy, fighting it, as it eventually turned out, with success. Both George of Podiebrad’s project and the Count of Sully’s proposal took into account the establishment of international organisations of regional character which would associate exclusively Christian states, regarding the fight against the Ottoman Empire as one of the more significant goals of their existence. Only the project by Crucé, which – contrary to the other two was written not by a politician, but by a thinker – assumed bringing peace in a universal dimension, including all the sovereign states of the world. The innovatory approach of Crucé’s proposition consisted in acknowledging as the fundamental one the idea of expected binding the members of the projected organisation by freedom of trade exchange which would be guaranteed in the global dimension”. For the authors of all the aforementioned peace plans the institutional factors uniting the states associated in the organizations to be established were to be commonwealth organs, among which a particular place was to be assigned to organs capable of settling conflicts between states. They can be considered to be a prototype of a contemporary international judiciary. The projects in question were founded on the principle of formal equality of sovereign states, which was accepted as the basis of international relations in the Peace of Westphalia in 1648. Furthermore, they introduced the principles of renouncing war and accepting the peaceful settlement of conflicts in mutual relations, and of striving for the creation of a system of collective safety. In this way they evidently went beyond the canons of the epochs in which they were created, and some of the ideas lying at their foundations did not materialize until the 20th century.
Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 185 - 203
https://doi.org/10.4467/20844131KS.19.007.10668The article presented is devoted to an interesting episode from the legal and political history of the Polish-Lithuanian Commonwealth at the end of the seventeenth century – the “breaking up” of the General Diet in 1698 by liberum veto. This particular session of the General Diet was summoned by the newly-elected king – August II, for the ‘pacification’ of the nation and the legitimization of his reign against the opposition that had gathered around the archbishop of Gniezno – Cardinal Michał Radziejowski in Łowicz. The Diet failed to satisfy the king’s expectations. Poor attendance by envoys and senators, as well as the negative attitude of the Lithuanian delegation, caused a brief ‘breaking up’ of the Diet.
The author of the paper tries to show this episode, not as a political, but as a legal phenomenon, and also as an underestimated precedent in the history of old-Polish ‘deliberative’ democracy. He points out the insufficiency of previously known procedures of negotiation with envoys announcing their vetoes. He also emphasizes that the contradiction of the Lithuanian envoys was completely irrational, and that the acceptance shown for their demands was commonly considered to be obviously illegal. Besides this, the envoys were strictly obliged to ‘break up’ the Diet, which was clearly against the essence of the parliamentary mandate. However, this was not enough to reject contradiction. From this very moment any attempt to limit or restrain liberum veto was not possible.
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 205 - 222
https://doi.org/10.4467/20844131KS.19.008.10669The institution of transferring of criminals, which was regulated in articles 642-650 of the Polish Penal Procedure Code of 1928, was an element of the development of the Polish penal procedure in the interwar period. The Code’s regulation consisted of three elements: regulation on transferring criminals to Poland, transferring of criminals by Poland and transport of prisoners. The regulation contained in the Code were supplementary to regulations of international law and constitutional regulations. In the following paper the roots of the regulation were presented as well as it’s characteristics and the changes of the regulation which occurred during the communist period.
Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 223 - 237
https://doi.org/10.4467/20844131KS.19.009.10670The aim of the dissertation is to present the course of court proceedings in the criminal case against Franz (Franciszek) Langner, born in 1891, a Polish volksdeutsch, and member of the SS KL Auschwitz crew, who was tried in Poland from 1949 to 1952. During the Second World War Langner renounced his Polish nationality and joined the SS. He was sent to KL Auschwitz, where he served from April 8, 1942 to January 20, 1945. He performed various functions among the watch-keeping troops, achieving the rank of SS-Oberscharführer. After the war, Langner was arrested and criminal proceedings were instituted against him. Initially, this was related to his declaration of belonging to the German nationality, and then - when his service in the SS came to light - to the commission of war crimes and crimes against humanity. The crimes that Langner was accused of changed several times. The trial was held at the Court of Appeal in Cracow. By virtue of a judgment of 5 April 1950, Langner was sentenced to death. After Langner filed an appeal, the Supreme Court of the Republic of Poland partly annulled, in the verdict of November 13, 1950, the verdict of the Court of Appeal in Cracow, and remanded the case for reconsideration. On April 13, 1951, the Provincial Court in Cracow (established in place of the Court of Appeal) sentenced Langner to a joint penalty of 10 years imprisonment. The Supreme Court upheld this judgment in a judgment of January 29, 1952. Langner ultimately died in prison on February 2, 1952. Due to the prisoner’s death, the criminal proceedings were discontinued.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 239 - 275
https://doi.org/10.4467/20844131KS.19.024.11131The present paper is an introduction to the source edition of 13 documents concerning the organization of the Civil Reform Committee and the Committee’s work on changes in civil law and civil procedure. The Civil Reform Committee was appointed by Tsar Alexander I on 19 May 1814 in connection with the plan to transform the Duchy of Warsaw into the Kingdom of Poland, a Russian client state. Participants of the Committee’s works were Adam Jerzy Czartoryski, Mikołaj Nowosilcow, Tomasz Ostrowski, Stanisław Zamoyski, Tadeusz Matuszewicz, Aleksander Linowski, Józef Kalasanty Szaniawski, Tomasz Wawrzecki, Franciszek Grabowski, Antoni Bieńkowski, Józef Koźmian, and Andrzej Horodyski.The Committee’s goal was to prepare a reform of the administration, the treasury, and the codes of civil and penal law. The Tsar’s guidelines urged the Committee to sever all ties with the French models and to draw from native traditions. As regards civil law and civil procedure, the works reached a moderate degree of advancement. Only outlines of the future codes and fragmentary legislative drafts were prepared. Even though these works may be deemed to have been a beginning of Polish codification of law within the modern meaning of the word, the documents used in this process have been heretofore used sparsely by historians, including historians of law. Thus the need for their publication. At the same time we are publishing fundamental documents concerning the organization of the Committee itself.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 277 - 291
https://doi.org/10.4467/20844131KS.19.025.11132Piotr Pomianowski’s book is the first monograph in Polish historical-legal literature, which verifies the previous views on the number of adjudicated divorces in the territory of Poland between 1808 and 1852. It results from the analysis of the court records that show that a little over two thousand divorces were adjudicated in the area of the Duchy of Warsaw and Congress Poland, as well as in the Republic of Cracow pursuant to the Napoleonic Code. Up till now the literature had included erroneous information that there were only several or a few dozens of such divorces adjudicated.
The facts established by the book’s author show that in the first half of the 19th century divorce proceedings were more frequently initiated by women than by men (70% to 30% in Kalisz and Kielce, as well as 59% to 41% in Warsaw). The average divorcéwas 38.7 years old and the divorcée was 30.8; in about 80% of the cases the husband was older than the wife, and in 20% it was vice versa; however, the average age difference between divorcees was 10 years. The average marital period of divorcees in Warsaw communes was 8.5 years, and 12 years for those in Płock. The representatives of the following professions dominated among divorcees: factory owners, craftsmen, and those earning a living in industry (23.6%), next came government officials, teachers, and representatives of liberal professions (22.5%), and then heirs of landed estates and tenants (10%). Servants, journeymen, and peasants made up about 13.6% of the defendants.
Pomianowski’s book merits a very positive assessment. The analysis of the institution and the phenomenon of divorce, as well as the description of the research results are on a high level. The elaboration should interest not only historians of law but also scientists of other specializations, for instance researchers of the history of demography and population statistics, social culture and morals, population migrations, women’s rights, etc.
Kamil Stolarski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 121 - 144
https://doi.org/10.4467/20844131KS.19.005.10666The author of the paper discusses the construct of usucaption as approached by Trebatius and Fragmentum Vaticanum 1 in the context of just cause of usucaption (iusta causa usucapionis). In the sources analyzed in the text, one may find the oldest preserved mentions concerning the prerequisite for usucapio, which, according to the author, is an important element of that legal construct. The article presents the following fragments: D. 41,4,2,7; D. 41,6,4, D. 41,10,4 pr. and Fragmentum Vaticanum 1, giving much thought to the latter – particularly focusing on Labeo’s notion incorporated in the source. His standpoint, included in Fragmentum Vaticanum 1, was presented together with the opinions of earlier (veteres) and later (Sabinus, Cassius, Proculus, Celsus, Julian, and Paul) jurists. The texts indicate that at the turn of the republic and the Principate, usucaption was a well-formed institution, for which the reasonable cause of usucaption was an important premise. The lawyers of those times focused on the analyses of cases which today we would think of as the most difficult ones.
Wacław Uruszczak, Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 145 - 183
https://doi.org/10.4467/20844131KS.19.006.10667The article is devoted to three projects focused on establishing international organizations whose aim was to bring about a common peace in Europe. The first of them was worked out at the court of the King of Bohemia, George of Podiebrad, most probably in 1462; the second is mentioned in the treatise authored by French monk Émeric Crucé, andedited in 1623, under the telling title Le Nouveau Cynée; the third, on the other hand, is Grand Dessein,described in the Memoiresof Duke of Sully Maximilien de Béthune, a minister of Henry IV, the first two volumes of which appeared in 1638. The authors of the present study propose to take a new look at the projects under analysis, perceiving in them an attempt to find a remedy for the problem of wars of religion. Hence, the first of them is shown in the context of the Hussite Wars in Bohemia, whereas the other two are shown in that of the Huguenot Wars in France. The thesis is accepted in the article that George of Podiebrad’s project was primarily meant to be an answer to the current political problems of the day which the “Hussite King” was confronted with. The legal solutions included in the project could – as it seems – offer the Bohemian monarch a handy tool facilitating prevention of both a possible mutiny raised by the internal Catholic opposition, and an attack from outside, which, as a result of Pius II’s repealing of the Compactataand George’s refusal to accept the conditions of agreement proposed by the Holy See, could not be excluded. The acceptance of the thesis of political motives behind the propositions offered by the “Hussite King” does not belittle the value of the very project itself, which, in the history of European political and legal thought, was undoubtedly of paramount importance. Of the three peace plans presented here it is only the project put forward by George of Podiebrad that was invested with legal norms, constituting a ready project of an international contract. It distinguished itself against the other projects with its detailed elaboration and the complexity of the proposed solutions. Moreover, as the only one that was well-known at European courts, it became the subject of diplomatic negotiations which raised considerable interest also among its opponents. The latter were led by the papacy, fighting it, as it eventually turned out, with success. Both George of Podiebrad’s project and the Count of Sully’s proposal took into account the establishment of international organisations of regional character which would associate exclusively Christian states, regarding the fight against the Ottoman Empire as one of the more significant goals of their existence. Only the project by Crucé, which – contrary to the other two was written not by a politician, but by a thinker – assumed bringing peace in a universal dimension, including all the sovereign states of the world. The innovatory approach of Crucé’s proposition consisted in acknowledging as the fundamental one the idea of expected binding the members of the projected organisation by freedom of trade exchange which would be guaranteed in the global dimension”. For the authors of all the aforementioned peace plans the institutional factors uniting the states associated in the organizations to be established were to be commonwealth organs, among which a particular place was to be assigned to organs capable of settling conflicts between states. They can be considered to be a prototype of a contemporary international judiciary. The projects in question were founded on the principle of formal equality of sovereign states, which was accepted as the basis of international relations in the Peace of Westphalia in 1648. Furthermore, they introduced the principles of renouncing war and accepting the peaceful settlement of conflicts in mutual relations, and of striving for the creation of a system of collective safety. In this way they evidently went beyond the canons of the epochs in which they were created, and some of the ideas lying at their foundations did not materialize until the 20th century.
Tomasz Kucharski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 185 - 203
https://doi.org/10.4467/20844131KS.19.007.10668The article presented is devoted to an interesting episode from the legal and political history of the Polish-Lithuanian Commonwealth at the end of the seventeenth century – the “breaking up” of the General Diet in 1698 by liberum veto. This particular session of the General Diet was summoned by the newly-elected king – August II, for the ‘pacification’ of the nation and the legitimization of his reign against the opposition that had gathered around the archbishop of Gniezno – Cardinal Michał Radziejowski in Łowicz. The Diet failed to satisfy the king’s expectations. Poor attendance by envoys and senators, as well as the negative attitude of the Lithuanian delegation, caused a brief ‘breaking up’ of the Diet.
The author of the paper tries to show this episode, not as a political, but as a legal phenomenon, and also as an underestimated precedent in the history of old-Polish ‘deliberative’ democracy. He points out the insufficiency of previously known procedures of negotiation with envoys announcing their vetoes. He also emphasizes that the contradiction of the Lithuanian envoys was completely irrational, and that the acceptance shown for their demands was commonly considered to be obviously illegal. Besides this, the envoys were strictly obliged to ‘break up’ the Diet, which was clearly against the essence of the parliamentary mandate. However, this was not enough to reject contradiction. From this very moment any attempt to limit or restrain liberum veto was not possible.
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 205 - 222
https://doi.org/10.4467/20844131KS.19.008.10669The institution of transferring of criminals, which was regulated in articles 642-650 of the Polish Penal Procedure Code of 1928, was an element of the development of the Polish penal procedure in the interwar period. The Code’s regulation consisted of three elements: regulation on transferring criminals to Poland, transferring of criminals by Poland and transport of prisoners. The regulation contained in the Code were supplementary to regulations of international law and constitutional regulations. In the following paper the roots of the regulation were presented as well as it’s characteristics and the changes of the regulation which occurred during the communist period.
Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 223 - 237
https://doi.org/10.4467/20844131KS.19.009.10670The aim of the dissertation is to present the course of court proceedings in the criminal case against Franz (Franciszek) Langner, born in 1891, a Polish volksdeutsch, and member of the SS KL Auschwitz crew, who was tried in Poland from 1949 to 1952. During the Second World War Langner renounced his Polish nationality and joined the SS. He was sent to KL Auschwitz, where he served from April 8, 1942 to January 20, 1945. He performed various functions among the watch-keeping troops, achieving the rank of SS-Oberscharführer. After the war, Langner was arrested and criminal proceedings were instituted against him. Initially, this was related to his declaration of belonging to the German nationality, and then - when his service in the SS came to light - to the commission of war crimes and crimes against humanity. The crimes that Langner was accused of changed several times. The trial was held at the Court of Appeal in Cracow. By virtue of a judgment of 5 April 1950, Langner was sentenced to death. After Langner filed an appeal, the Supreme Court of the Republic of Poland partly annulled, in the verdict of November 13, 1950, the verdict of the Court of Appeal in Cracow, and remanded the case for reconsideration. On April 13, 1951, the Provincial Court in Cracow (established in place of the Court of Appeal) sentenced Langner to a joint penalty of 10 years imprisonment. The Supreme Court upheld this judgment in a judgment of January 29, 1952. Langner ultimately died in prison on February 2, 1952. Due to the prisoner’s death, the criminal proceedings were discontinued.
Michał Gałędek, Anna Klimaszewska , Piotr Z. Pomianowski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 239 - 275
https://doi.org/10.4467/20844131KS.19.024.11131The present paper is an introduction to the source edition of 13 documents concerning the organization of the Civil Reform Committee and the Committee’s work on changes in civil law and civil procedure. The Civil Reform Committee was appointed by Tsar Alexander I on 19 May 1814 in connection with the plan to transform the Duchy of Warsaw into the Kingdom of Poland, a Russian client state. Participants of the Committee’s works were Adam Jerzy Czartoryski, Mikołaj Nowosilcow, Tomasz Ostrowski, Stanisław Zamoyski, Tadeusz Matuszewicz, Aleksander Linowski, Józef Kalasanty Szaniawski, Tomasz Wawrzecki, Franciszek Grabowski, Antoni Bieńkowski, Józef Koźmian, and Andrzej Horodyski.The Committee’s goal was to prepare a reform of the administration, the treasury, and the codes of civil and penal law. The Tsar’s guidelines urged the Committee to sever all ties with the French models and to draw from native traditions. As regards civil law and civil procedure, the works reached a moderate degree of advancement. Only outlines of the future codes and fragmentary legislative drafts were prepared. Even though these works may be deemed to have been a beginning of Polish codification of law within the modern meaning of the word, the documents used in this process have been heretofore used sparsely by historians, including historians of law. Thus the need for their publication. At the same time we are publishing fundamental documents concerning the organization of the Committee itself.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 2, Volume 12 (2019), pp. 277 - 291
https://doi.org/10.4467/20844131KS.19.025.11132Piotr Pomianowski’s book is the first monograph in Polish historical-legal literature, which verifies the previous views on the number of adjudicated divorces in the territory of Poland between 1808 and 1852. It results from the analysis of the court records that show that a little over two thousand divorces were adjudicated in the area of the Duchy of Warsaw and Congress Poland, as well as in the Republic of Cracow pursuant to the Napoleonic Code. Up till now the literature had included erroneous information that there were only several or a few dozens of such divorces adjudicated.
The facts established by the book’s author show that in the first half of the 19th century divorce proceedings were more frequently initiated by women than by men (70% to 30% in Kalisz and Kielce, as well as 59% to 41% in Warsaw). The average divorcéwas 38.7 years old and the divorcée was 30.8; in about 80% of the cases the husband was older than the wife, and in 20% it was vice versa; however, the average age difference between divorcees was 10 years. The average marital period of divorcees in Warsaw communes was 8.5 years, and 12 years for those in Płock. The representatives of the following professions dominated among divorcees: factory owners, craftsmen, and those earning a living in industry (23.6%), next came government officials, teachers, and representatives of liberal professions (22.5%), and then heirs of landed estates and tenants (10%). Servants, journeymen, and peasants made up about 13.6% of the defendants.
Pomianowski’s book merits a very positive assessment. The analysis of the institution and the phenomenon of divorce, as well as the description of the research results are on a high level. The elaboration should interest not only historians of law but also scientists of other specializations, for instance researchers of the history of demography and population statistics, social culture and morals, population migrations, women’s rights, etc.
Publication date: 29.03.2019
Issue editors:
Czasopismo zostało dofinansowane ze środków Ministerstwa Nauki i Szkolnictwa Wyższego na podstawie umowy Nr 285/WCN/2019/1 z dnia 30 maja 2019 r. z pomocy przyznanej w ramach programu „Wsparcie dla czasopism naukowych”.
The journal was subsidized by Ministry of Science and Higher Education, agreement No. 285/WCN/2019/1 of 30. May 2019, programme „Support for Scientific Journals”.
Publikacja dofinansowana przez Uniwersytet Jagielloński ze środków Wydziału Prawa i Administracji.
The publication has been sponsored by Jagiellonian University, Krakow.
Tomasz Tulejski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 1 - 22
https://doi.org/10.4467/20844131KS.19.001.10599Richard Baxter was one of the most prominent religious writers of the English Civil War period. His theological works greatly infl uenced the birth of English Reformed theology. As the author points out, Baxter was also a sophisticated political writer of great importance to the right-wing Presbyterians. To this day, he is also recognized as one of the fathers of the concept of a social contract. However, as the author argues, Baxter’s vision of the Christian state was his most important contribution to the field. He ultimately propones the theocracy, where the state and the church are joined together by the elements of the institutional structure that leads citizens to salvation.
Marcin Głuszak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 23 - 38
https://doi.org/10.4467/20844131KS.19.002.10600The act of abrenunciation (renunciation) was a commonly practiced legal action before the Polish courts for nobles, conducted by a woman upon contracting marriage, or entering a convent. It consisted of acknowledgment receipt of a dowry by the husband or convent, and of the woman’s renunciation of any further rights to the family estate. The statement, according to the chancellery standards, was to be presented orally for the record in the court for nobles. The legal effect of abrenunciation was the surrender of any and all further claims to the inheritance against the current owners of the family estate.
Tomasz Królasik
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 39 - 54
https://doi.org/10.4467/20844131KS.19.003.10601The French code of civil procedure of 1806 that was established in the Duchy of Warsaw in 1808 brought the institution of the sale of immovable property by auction (subhastatio) to the Polish legal system as a principal feature of enforcement proceedings. However, it was widely criticised as contradictory to the Polish traditional law that knew only exdivisione (potioritas). Exdivisione was based on granting the creditor possession of seized land, but without the loss of ownership by the debtor. French rules of enforcement proceedings in the Kingdom of Poland in 1823 were modified while the new institution that referred to exdivisione was introduced, that is, the bidding lease of the immovable property. Nevertheless, the new institution did not replace subhastatio entirely; exdivisione had been present in judiciary practice before, but with no legal groun
Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 55 - 85
https://doi.org/10.4467/20844131KS.19.004.10602The article reconstructs the relations between the C. K. Directorate of the Krakow Police and the Galician Government during the period of constitutional rule in Austria (1867–1914). It presents how this Directorate handled tasks of the Galician Government in those matters related to security, peace, and public order, which were carried out by the government’s individual departments. It goes on to present the competencies of the Police Director, regarding the organization and activity of its subordinate structures, provision of equipment, uniforms, accommodation, etc., and also supervision of police officers (councilors, high-commissioners, commissioners, adjuncts, and official servants). It deals with military-police and civil-police guards, police departments, and police stations. In light of correspondence with the Galician Government it reconstructs in detail the competencies of the Directorate of the Police, including its roles of public safety, monitoring of social moods, supervising the conduct of ceremonies, controlling associations (including political parties) and the press, combating espionage, and prosecuting deserters, but also performing ordinary police activities such as prosecution of crimes, and combating prostitution, vagrancy, and begging. The work was based to a large extent on rich source materials stored in the national archives in Krakow, the Public Central Historical Archive of Ukraine in Lviv, and also the Public Archive of the Lviv Region.
Jerzy Malec
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 87 - 93
https://doi.org/10.4467/20844131KS.19.010.10744The work discussed here fiils in an important gap in the research on the history of administrative thought in the Polish territory from the 18th to the 20th century. It must be emphasised that the book offers a competent and comprehensive study of the years 1813–1815. The goal of the author of the dissertation was to analyse the views on the form of the newly created administrative system, expressed along the progress of works – partially official – performed under the authorisation of Alexander I in 1813–1815, that is until the moment of providing constitutional regulations to the Kingdom. In accordance with the principles followed by the author, with which I entirely agree, the scientific analysis has comprised all the projects which had been drafted in that time (in particular: normative acts) as well as the opinions of the administrative system reform creators formulated in the course of works. In fact, this is how administrative thought should be interpreted, to be differentiated from the analysis of specific system solutions accepted as binding legislation. The source base constitutes a very strong point of the reviewed monograph. The author has used materials which had never been explored before. One must agree with the research conclusions included in the final passage. In his thesis, the author has confirmed the earlier ascertainments of legal historians: namely, stating that the works performed in 1813–1815 referred mostly to the solutions and experiences from the period of the Duchy of Warsaw, whereas references to the administrative system of the 18th-century Poland were visible only in a small minority of the reform creators.
Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 95 - 104
https://doi.org/10.4467/20844131KS.19.011.10745The article is a review of a book which is dedicated to Themis Polska – a Polish periodical that appeared in the years 1829–1830. The book being reviewed is the published version of a doctoral thesis defended at the Faculty of Law and Administration of the University of Warsaw in 2012. The author of the review conducted a meticulous and critical discussion of chapters of the book. In the summary he concluded that the work is a discussion of the content of the journal and a compilation of the views of its authors. In addition, the reviewer poses a rhetorical question about the scientific usefulness of this kind of works, in particular as regards their financing from public funds.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 105 - 109
https://doi.org/10.4467/20844131KS.19.012.10746The review’s author regards the reviewed book as an important attempt to study the senators of the Crown as a ‘sejmujący’ class. The monograph presents a large quantity of details about the senators’ participation in the parliament’s works. However, Korytko focusses much more on the senators’ political activities than on their legislative undertakings e. g. the author devotes much consideration to the problems of the senators’ participation during the parliamentary and local assemblies’ sessions. One would expect to pay much more attention to the role of the senators in the procedure of convening the General Sejm by deliberatoria and in the legislative and control functions of the Polish-Lithuanian parliament.
Łukasz Gołaszewski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 111 - 115
https://doi.org/10.4467/20844131KS.19.013.10747The review discusses and evaluates the book, which was written by Anna Krochmal and devoted to the historical archives of the Przemyśl eparchy which are deposited in the State Archives in Przemyśl, Poland. This book described the history of the eparchy, first as an Orthodox institution, and later as a Uniate one, along with its organs of government and structure. The author informs us about the chancery of the eparchy over the centuries especially its structure and methods of work. The contents of the records are also presented in the reviewed publication.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 117 - 119
https://doi.org/10.4467/20844131KS.19.014.10748The monograph is an introduction to the history of the teaching of law in Trnava during the existence of the university (1667–1777, and subsequently since 1998) and during the functioning of the Royal Law School (1777–1784). Among the issues analyzed were the circumstances of the establishment of the Faculty of Law at the University of Trnava in 1667, curricula with particular emphasis on the study of Hungarian law, and the significance of the juridical works of the university’s professors. The work emphasized how Corpus Iuris Hungarici, a two-volume collection of Hungarian law (vol. 1 contains Tripartitum by Štefan Werbőczy), was developed and published in Trnava (1696), where advanced studies in the area of criminal law were also conducted.
Jerzy Malec
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 87 - 93
https://doi.org/10.4467/20844131KS.19.010.10744The work discussed here fiils in an important gap in the research on the history of administrative thought in the Polish territory from the 18th to the 20th century. It must be emphasised that the book offers a competent and comprehensive study of the years 1813–1815. The goal of the author of the dissertation was to analyse the views on the form of the newly created administrative system, expressed along the progress of works – partially official – performed under the authorisation of Alexander I in 1813–1815, that is until the moment of providing constitutional regulations to the Kingdom. In accordance with the principles followed by the author, with which I entirely agree, the scientific analysis has comprised all the projects which had been drafted in that time (in particular: normative acts) as well as the opinions of the administrative system reform creators formulated in the course of works. In fact, this is how administrative thought should be interpreted, to be differentiated from the analysis of specific system solutions accepted as binding legislation. The source base constitutes a very strong point of the reviewed monograph. The author has used materials which had never been explored before. One must agree with the research conclusions included in the final passage. In his thesis, the author has confirmed the earlier ascertainments of legal historians: namely, stating that the works performed in 1813–1815 referred mostly to the solutions and experiences from the period of the Duchy of Warsaw, whereas references to the administrative system of the 18th-century Poland were visible only in a small minority of the reform creators.
Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 95 - 104
https://doi.org/10.4467/20844131KS.19.011.10745The article is a review of a book which is dedicated to Themis Polska – a Polish periodical that appeared in the years 1829–1830. The book being reviewed is the published version of a doctoral thesis defended at the Faculty of Law and Administration of the University of Warsaw in 2012. The author of the review conducted a meticulous and critical discussion of chapters of the book. In the summary he concluded that the work is a discussion of the content of the journal and a compilation of the views of its authors. In addition, the reviewer poses a rhetorical question about the scientific usefulness of this kind of works, in particular as regards their financing from public funds.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 105 - 109
https://doi.org/10.4467/20844131KS.19.012.10746The review’s author regards the reviewed book as an important attempt to study the senators of the Crown as a ‘sejmujący’ class. The monograph presents a large quantity of details about the senators’ participation in the parliament’s works. However, Korytko focusses much more on the senators’ political activities than on their legislative undertakings e. g. the author devotes much consideration to the problems of the senators’ participation during the parliamentary and local assemblies’ sessions. One would expect to pay much more attention to the role of the senators in the procedure of convening the General Sejm by deliberatoria and in the legislative and control functions of the Polish-Lithuanian parliament.
Łukasz Gołaszewski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 111 - 115
https://doi.org/10.4467/20844131KS.19.013.10747The review discusses and evaluates the book, which was written by Anna Krochmal and devoted to the historical archives of the Przemyśl eparchy which are deposited in the State Archives in Przemyśl, Poland. This book described the history of the eparchy, first as an Orthodox institution, and later as a Uniate one, along with its organs of government and structure. The author informs us about the chancery of the eparchy over the centuries especially its structure and methods of work. The contents of the records are also presented in the reviewed publication.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 117 - 119
https://doi.org/10.4467/20844131KS.19.014.10748The monograph is an introduction to the history of the teaching of law in Trnava during the existence of the university (1667–1777, and subsequently since 1998) and during the functioning of the Royal Law School (1777–1784). Among the issues analyzed were the circumstances of the establishment of the Faculty of Law at the University of Trnava in 1667, curricula with particular emphasis on the study of Hungarian law, and the significance of the juridical works of the university’s professors. The work emphasized how Corpus Iuris Hungarici, a two-volume collection of Hungarian law (vol. 1 contains Tripartitum by Štefan Werbőczy), was developed and published in Trnava (1696), where advanced studies in the area of criminal law were also conducted.
Tomasz Tulejski
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 1 - 22
https://doi.org/10.4467/20844131KS.19.001.10599Richard Baxter was one of the most prominent religious writers of the English Civil War period. His theological works greatly infl uenced the birth of English Reformed theology. As the author points out, Baxter was also a sophisticated political writer of great importance to the right-wing Presbyterians. To this day, he is also recognized as one of the fathers of the concept of a social contract. However, as the author argues, Baxter’s vision of the Christian state was his most important contribution to the field. He ultimately propones the theocracy, where the state and the church are joined together by the elements of the institutional structure that leads citizens to salvation.
Marcin Głuszak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 23 - 38
https://doi.org/10.4467/20844131KS.19.002.10600The act of abrenunciation (renunciation) was a commonly practiced legal action before the Polish courts for nobles, conducted by a woman upon contracting marriage, or entering a convent. It consisted of acknowledgment receipt of a dowry by the husband or convent, and of the woman’s renunciation of any further rights to the family estate. The statement, according to the chancellery standards, was to be presented orally for the record in the court for nobles. The legal effect of abrenunciation was the surrender of any and all further claims to the inheritance against the current owners of the family estate.
Tomasz Królasik
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 39 - 54
https://doi.org/10.4467/20844131KS.19.003.10601The French code of civil procedure of 1806 that was established in the Duchy of Warsaw in 1808 brought the institution of the sale of immovable property by auction (subhastatio) to the Polish legal system as a principal feature of enforcement proceedings. However, it was widely criticised as contradictory to the Polish traditional law that knew only exdivisione (potioritas). Exdivisione was based on granting the creditor possession of seized land, but without the loss of ownership by the debtor. French rules of enforcement proceedings in the Kingdom of Poland in 1823 were modified while the new institution that referred to exdivisione was introduced, that is, the bidding lease of the immovable property. Nevertheless, the new institution did not replace subhastatio entirely; exdivisione had been present in judiciary practice before, but with no legal groun
Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 12, Issue 1, Volume 12 (2019), pp. 55 - 85
https://doi.org/10.4467/20844131KS.19.004.10602The article reconstructs the relations between the C. K. Directorate of the Krakow Police and the Galician Government during the period of constitutional rule in Austria (1867–1914). It presents how this Directorate handled tasks of the Galician Government in those matters related to security, peace, and public order, which were carried out by the government’s individual departments. It goes on to present the competencies of the Police Director, regarding the organization and activity of its subordinate structures, provision of equipment, uniforms, accommodation, etc., and also supervision of police officers (councilors, high-commissioners, commissioners, adjuncts, and official servants). It deals with military-police and civil-police guards, police departments, and police stations. In light of correspondence with the Galician Government it reconstructs in detail the competencies of the Directorate of the Police, including its roles of public safety, monitoring of social moods, supervising the conduct of ceremonies, controlling associations (including political parties) and the press, combating espionage, and prosecuting deserters, but also performing ordinary police activities such as prosecution of crimes, and combating prostitution, vagrancy, and begging. The work was based to a large extent on rich source materials stored in the national archives in Krakow, the Public Central Historical Archive of Ukraine in Lviv, and also the Public Archive of the Lviv Region.
Publication date: 06.12.2018
Issue editor: mgr Kacper, dr Maciej
Kamil Sorka
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 1 - 28
https://doi.org/10.4467/20844131KS.18.029.9117Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 29 - 46
https://doi.org/10.4467/20844131KS.18.030.9118Włodzimierz Gogłoza
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 47 - 67
https://doi.org/10.4467/20844131KS.18.031.9119Paweł Złamańczuk
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 69 - 83
https://doi.org/10.4467/20844131KS.18.032.9120Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 85 - 110
https://doi.org/10.4467/20844131KS.18.033.9121Tomasz Tulejski
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 111 - 129
https://doi.org/10.4467/20844131KS.18.034.9122Kacper Górski
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 131 - 178
https://doi.org/10.4467/20844131KS.18.035.9123Michał Gałędek, Anna Klimaszewska
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 179 - 203
https://doi.org/10.4467/20844131KS.18.036.9124Kamil Sorka
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 1 - 28
https://doi.org/10.4467/20844131KS.18.029.9117Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 29 - 46
https://doi.org/10.4467/20844131KS.18.030.9118Włodzimierz Gogłoza
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 47 - 67
https://doi.org/10.4467/20844131KS.18.031.9119Paweł Złamańczuk
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 69 - 83
https://doi.org/10.4467/20844131KS.18.032.9120Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 85 - 110
https://doi.org/10.4467/20844131KS.18.033.9121Tomasz Tulejski
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 111 - 129
https://doi.org/10.4467/20844131KS.18.034.9122Kacper Górski
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 131 - 178
https://doi.org/10.4467/20844131KS.18.035.9123Michał Gałędek, Anna Klimaszewska
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2018, Special Issues, pp. 179 - 203
https://doi.org/10.4467/20844131KS.18.036.9124Publication date: 14.07.2017
Translator: Andrzej Branny
Issue editors: Dorota Malec, Wacław Uruszczak, Maciej Mikuła, Kacper Górski
Wydanie specjalnego zeszytu czasopisma: „Krakowskie Studia z Historii Państwa i Prawa” obejmującego przekład na język angielski wyboru najlepszych tekstów opublikowanych w roku 2016” finansowane w ramach umowy 508/P-DUN/2016 ze środków Ministra Nauki i Szkolnictwa Wyższego przeznaczonych na działalność upowszechniającą naukę.
Rafał Marek
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 1 - 27
https://doi.org/10.4467/20844131KS.16.032.6970Agnieszka Czarnecka
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 29 - 37
https://doi.org/10.4467/20844131KS.16.033.6971Iwona Barwicka-Tylek, Dorota Pietrzyk-Reeves
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 39 - 61
https://doi.org/10.4467/20844131KS.16.034.6972Jan Halberda
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 63 - 94
https://doi.org/10.4467/20844131KS.16.035.6973Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 95 - 110
https://doi.org/10.4467/20844131KS.16.036.6974Witold Małecki
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 111 - 127
https://doi.org/10.4467/20844131KS.16.037.6975Rafał Marek
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 1 - 27
https://doi.org/10.4467/20844131KS.16.032.6970Agnieszka Czarnecka
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 29 - 37
https://doi.org/10.4467/20844131KS.16.033.6971Iwona Barwicka-Tylek, Dorota Pietrzyk-Reeves
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 39 - 61
https://doi.org/10.4467/20844131KS.16.034.6972Jan Halberda
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 63 - 94
https://doi.org/10.4467/20844131KS.16.035.6973Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 95 - 110
https://doi.org/10.4467/20844131KS.16.036.6974Witold Małecki
Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 111 - 127
https://doi.org/10.4467/20844131KS.16.037.6975Publication date: 19.12.2018
Issue editor:
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 425 - 466
https://doi.org/10.4467/20844131KS.18.037.9479Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 449 - 468
https://doi.org/10.4467/20844131KS.18.038.9480Adriana Švecová, Miriam Laclavíková
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 467 - 479
https://doi.org/10.4467/20844131KS.18.039.9481Leszek Madej
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 481 - 527
https://doi.org/10.4467/20844131KS.18.048.9987Waldemar Bednaruk
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 529 - 539
https://doi.org/10.4467/20844131KS.18.040.9482Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 541 - 565
https://doi.org/10.4467/20844131KS.18.041.9483Mateusz Woźniak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 567 - 580
https://doi.org/10.4467/20844131KS.18.042.9484Michał Ożóg
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 581 - 585
https://doi.org/10.4467/20844131KS.18.043.9485Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 587 - 589
https://doi.org/10.4467/20844131KS.18.044.9486Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 591 - 593
https://doi.org/10.4467/20844131KS.18.045.9487Krzysztof Fokt, Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 595 - 597
https://doi.org/10.4467/20844131KS.18.046.9488Maciej Mikuła, Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 599 - 603
https://doi.org/10.4467/20844131KS.18.047.9489Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 425 - 466
https://doi.org/10.4467/20844131KS.18.037.9479Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 449 - 468
https://doi.org/10.4467/20844131KS.18.038.9480Adriana Švecová, Miriam Laclavíková
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 467 - 479
https://doi.org/10.4467/20844131KS.18.039.9481Leszek Madej
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 481 - 527
https://doi.org/10.4467/20844131KS.18.048.9987Waldemar Bednaruk
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 529 - 539
https://doi.org/10.4467/20844131KS.18.040.9482Damian Szczepaniak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 541 - 565
https://doi.org/10.4467/20844131KS.18.041.9483Mateusz Woźniak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 567 - 580
https://doi.org/10.4467/20844131KS.18.042.9484Michał Ożóg
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 581 - 585
https://doi.org/10.4467/20844131KS.18.043.9485Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 587 - 589
https://doi.org/10.4467/20844131KS.18.044.9486Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 591 - 593
https://doi.org/10.4467/20844131KS.18.045.9487Krzysztof Fokt, Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 595 - 597
https://doi.org/10.4467/20844131KS.18.046.9488Maciej Mikuła, Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 4, Volume 11 (2018), pp. 599 - 603
https://doi.org/10.4467/20844131KS.18.047.9489Publication date: 31.10.2018
Issue editor:
Marta Baranowska
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 307 - 320
https://doi.org/10.4467/20844131KS.18.021.9047Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 321 - 341
https://doi.org/10.4467/20844131KS.18.022.9048Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 343 - 355
https://doi.org/10.4467/20844131KS.18.023.9049Agnieszka Czarnecka
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 357 - 370
https://doi.org/10.4467/20844131KS.18.024.9050Rafał Kania
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 371 - 391
https://doi.org/10.4467/20844131KS.18.025.9051Marcin Niemczyk
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 393 - 411
https://doi.org/10.4467/20844131KS.18.026.9052Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 413 - 419
https://doi.org/10.4467/20844131KS.18.027.9053Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 421 - 424
https://doi.org/10.4467/20844131KS.18.028.9054Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 413 - 419
https://doi.org/10.4467/20844131KS.18.027.9053Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 421 - 424
https://doi.org/10.4467/20844131KS.18.028.9054Marta Baranowska
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 307 - 320
https://doi.org/10.4467/20844131KS.18.021.9047Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 321 - 341
https://doi.org/10.4467/20844131KS.18.022.9048Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 343 - 355
https://doi.org/10.4467/20844131KS.18.023.9049Agnieszka Czarnecka
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 357 - 370
https://doi.org/10.4467/20844131KS.18.024.9050Rafał Kania
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 371 - 391
https://doi.org/10.4467/20844131KS.18.025.9051Marcin Niemczyk
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 393 - 411
https://doi.org/10.4467/20844131KS.18.026.9052Publication date: 30.08.2018
Issue editor:
Marek Sobczyk
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 177 - 195
https://doi.org/10.4467/20844131KS.18.010.8774Katarzyna Jaworska-Biskup
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 197 - 216
https://doi.org/10.4467/20844131KS.18.011.8775Marcin Głuszak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 217 - 227
https://doi.org/10.4467/20844131KS.18.012.8776Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 229 - 255
https://doi.org/10.4467/20844131KS.18.013.8777Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 257 - 277
https://doi.org/10.4467/20844131KS.18.014.8778Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 279 - 283
https://doi.org/10.4467/20844131KS.18.015.8779Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 285 - 289
https://doi.org/10.4467/20844131KS.18.016.8780Miloš Vukotić
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 291 - 292
https://doi.org/10.4467/20844131KS.18.017.8781Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 293 - 295
https://doi.org/10.4467/20844131KS.18.018.8782Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 297 - 304
https://doi.org/10.4467/20844131KS.18.019.8783Anna Cieślak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 305 - 306
https://doi.org/10.4467/20844131KS.18.020.8784Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 279 - 283
https://doi.org/10.4467/20844131KS.18.015.8779Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 285 - 289
https://doi.org/10.4467/20844131KS.18.016.8780Miloš Vukotić
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 291 - 292
https://doi.org/10.4467/20844131KS.18.017.8781Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 293 - 295
https://doi.org/10.4467/20844131KS.18.018.8782Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 297 - 304
https://doi.org/10.4467/20844131KS.18.019.8783Anna Cieślak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 305 - 306
https://doi.org/10.4467/20844131KS.18.020.8784Marek Sobczyk
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 177 - 195
https://doi.org/10.4467/20844131KS.18.010.8774Katarzyna Jaworska-Biskup
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 197 - 216
https://doi.org/10.4467/20844131KS.18.011.8775Marcin Głuszak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 217 - 227
https://doi.org/10.4467/20844131KS.18.012.8776Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 229 - 255
https://doi.org/10.4467/20844131KS.18.013.8777Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 257 - 277
https://doi.org/10.4467/20844131KS.18.014.8778Publication date: 29.06.2018
Issue Editors:
Tomáš Gábriš, Alexandra Letková
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 1 - 34
https://doi.org/10.4467/20844131KS.18.001.8573Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 35 - 45
https://doi.org/10.4467/20844131KS.18.002.8574Heinz Mohnhaupt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 47 - 65
https://doi.org/10.4467/20844131KS.18.003.8575Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 67 - 94
https://doi.org/10.4467/20844131KS.18.004.8964Kamila Staudigl-Ciechowicz
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 95 - 126
https://doi.org/10.4467/20844131KS.18.005.8576Laurent Waelkens
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 127 - 136
https://doi.org/10.4467/20844131KS.18.006.8577Andrzej Dziadzio , Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 137 - 167
https://doi.org/10.4467/20844131KS.18.007.8578Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 169 - 171
https://doi.org/10.4467/20844131KS.18.008.8579Przemysław Sołga
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 173 - 176
https://doi.org/10.4467/20844131KS.18.009.8580Tomáš Gábriš, Alexandra Letková
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 1 - 34
https://doi.org/10.4467/20844131KS.18.001.8573Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 35 - 45
https://doi.org/10.4467/20844131KS.18.002.8574Heinz Mohnhaupt
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 47 - 65
https://doi.org/10.4467/20844131KS.18.003.8575Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 67 - 94
https://doi.org/10.4467/20844131KS.18.004.8964Kamila Staudigl-Ciechowicz
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 95 - 126
https://doi.org/10.4467/20844131KS.18.005.8576Laurent Waelkens
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 127 - 136
https://doi.org/10.4467/20844131KS.18.006.8577Andrzej Dziadzio , Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 137 - 167
https://doi.org/10.4467/20844131KS.18.007.8578Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 169 - 171
https://doi.org/10.4467/20844131KS.18.008.8579Przemysław Sołga
Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 173 - 176
https://doi.org/10.4467/20844131KS.18.009.8580Publication date: 16.02.2018
Issue editor:
Bohumil Jiroušek, Jitka Rauchová
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 567 - 577
https://doi.org/10.4467/20844131KS.17.023.8406Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 579 - 597
https://doi.org/10.4467/20844131KS.17.024.8407Julia Solla Sastre
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 599 - 622
https://doi.org/10.4467/20844131KS.17.025.8408Budislav Vukas, Jr.
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 623 - 634
https://doi.org/10.4467/20844131KS.17.026.8409Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 635 - 640
https://doi.org/10.4467/20844131KS.17.027.8565
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 641 - 164
https://doi.org/10.4467/20844131KS.17.028.8566On 20th September 2016 the Faculty of Law and Administration of the Jagiellonian University hosted a symposium in memory of Professor Stanisław Płaza (1927–2006), a long-time lecturer in legal history. The speakers were late Professor Płaza’s friends, colleagues and students. The speeches and the discussion that followed are reprinted below. Please note that a report from a two-day conference (which preceded the commemorative symposium) on recent research in legal and constitutional history in Austria, Belgium, Croatia, the Czech Republic, Germany, Hungary, Poland, Slovakia and Spain was published in Volume 10 (2017) Issue 2 of the “Cracow Studies of Constitutional and Legal History”. Articles on research on the constitutional history are published in this and in a subsequent issue of the “Cracow Studies”.
The Editors
Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 642 - 643
https://doi.org/10.4467/20844131KS.17.028.8566Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 644 - 647
https://doi.org/10.4467/20844131KS.17.030.8568Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 648 - 657
https://doi.org/10.4467/20844131KS.17.031.8569Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 658 - 661
https://doi.org/10.4467/20844131KS.17.032.8570Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 662 - 665
https://doi.org/10.4467/20844131KS.17.033.8571
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 666 - 670
https://doi.org/10.4467/20844131KS.17.034.8572
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 641 - 164
https://doi.org/10.4467/20844131KS.17.028.8566On 20th September 2016 the Faculty of Law and Administration of the Jagiellonian University hosted a symposium in memory of Professor Stanisław Płaza (1927–2006), a long-time lecturer in legal history. The speakers were late Professor Płaza’s friends, colleagues and students. The speeches and the discussion that followed are reprinted below. Please note that a report from a two-day conference (which preceded the commemorative symposium) on recent research in legal and constitutional history in Austria, Belgium, Croatia, the Czech Republic, Germany, Hungary, Poland, Slovakia and Spain was published in Volume 10 (2017) Issue 2 of the “Cracow Studies of Constitutional and Legal History”. Articles on research on the constitutional history are published in this and in a subsequent issue of the “Cracow Studies”.
The Editors
Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 642 - 643
https://doi.org/10.4467/20844131KS.17.028.8566Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 644 - 647
https://doi.org/10.4467/20844131KS.17.030.8568Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 648 - 657
https://doi.org/10.4467/20844131KS.17.031.8569Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 658 - 661
https://doi.org/10.4467/20844131KS.17.032.8570Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 662 - 665
https://doi.org/10.4467/20844131KS.17.033.8571Bohumil Jiroušek, Jitka Rauchová
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 567 - 577
https://doi.org/10.4467/20844131KS.17.023.8406Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 579 - 597
https://doi.org/10.4467/20844131KS.17.024.8407Julia Solla Sastre
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 599 - 622
https://doi.org/10.4467/20844131KS.17.025.8408Budislav Vukas, Jr.
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 623 - 634
https://doi.org/10.4467/20844131KS.17.026.8409Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 635 - 640
https://doi.org/10.4467/20844131KS.17.027.8565
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 4, Volume 10 (2017), pp. 666 - 670
https://doi.org/10.4467/20844131KS.17.034.8572Publication date: 16.02.2018
Editors of the Issue 3:
Volume Editors: prof. dr hab. Dorota Malec, dr Krzysztof Fokt, prof. dr hab. Wacław Uruszczak, dr Maciej Mikuła
Kamil Sorka
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 393 - 418
https://doi.org/10.4467/20844131KS.17.019.8073Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 419 - 466
https://doi.org/10.4467/20844131KS.17.014.7558Michał Gałędek, Anna Klimaszewska
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 467 - 491
https://doi.org/10.4467/20844131KS.17.020.8074Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 493 - 519
https://doi.org/10.4467/20844131KS.17.021.8075Tomasz Tulejski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 521 - 541
https://doi.org/10.4467/20844131KS.17.022.8076Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 543 - 547
Przemysław Sołga
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 549 - 552
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 553 - 556
Michał P. Sadłowski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 557 - 558
Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 559 - 565
Kamil Sorka
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 393 - 418
https://doi.org/10.4467/20844131KS.17.019.8073Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 419 - 466
https://doi.org/10.4467/20844131KS.17.014.7558Michał Gałędek, Anna Klimaszewska
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 467 - 491
https://doi.org/10.4467/20844131KS.17.020.8074Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 493 - 519
https://doi.org/10.4467/20844131KS.17.021.8075Tomasz Tulejski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 521 - 541
https://doi.org/10.4467/20844131KS.17.022.8076Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 543 - 547
Przemysław Sołga
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 549 - 552
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 553 - 556
Michał P. Sadłowski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 557 - 558
Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 3, Volume 10 (2017), pp. 559 - 565
Publication date: 31.10.2017
Issue Editors:
Maria Filipiak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 163 - 166
Kamil Sorka
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 213 - 240
https://doi.org/10.4467/20844131KS.17.011.7555Włodzimierz Gołgoza
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 241 - 261
https://doi.org/10.4467/20844131KS.17.012.7556Naďa Fiedlerová, Lenka Šmídová Malárová
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 263 - 287
https://doi.org/10.4467/20844131KS.17.013.7557Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 289 - 318
https://doi.org/10.4467/20844131KS.17.014.7559Adriana Švecová, Viktor Križan
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 319 - 333
https://doi.org/10.4467/20844131KS.17.015.7560Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 335 - 347
https://doi.org/10.4467/20844131KS.17.017.7562Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 349 - 361
https://doi.org/10.4467/20844131KS.17.016.7561Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 363 - 367
Lenka Šmídová Malárová
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 369 - 370
Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 371 - 374
Miloš Vukotić
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 375 - 378
Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 381 - 385
Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 387 - 392
Maria Filipiak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 163 - 166
Kamil Sorka
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 213 - 240
https://doi.org/10.4467/20844131KS.17.011.7555Włodzimierz Gołgoza
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 241 - 261
https://doi.org/10.4467/20844131KS.17.012.7556Naďa Fiedlerová, Lenka Šmídová Malárová
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 263 - 287
https://doi.org/10.4467/20844131KS.17.013.7557Mateusz Mataniak
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 289 - 318
https://doi.org/10.4467/20844131KS.17.014.7559Adriana Švecová, Viktor Križan
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 319 - 333
https://doi.org/10.4467/20844131KS.17.015.7560Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 335 - 347
https://doi.org/10.4467/20844131KS.17.017.7562Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 349 - 361
https://doi.org/10.4467/20844131KS.17.016.7561Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 363 - 367
Lenka Šmídová Malárová
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 369 - 370
Pierre-Olivier Rigaudeau
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 371 - 374
Miloš Vukotić
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 375 - 378
Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 381 - 385
Máté Pétervári
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 387 - 392
Publication date: 03.07.2017
Issue Editors:
Frank L. Schäfer
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 1 - 16
https://doi.org/10.4467/20844131KS.17.001.6791Patrícia Dominika Niklai
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 17 - 30
https://doi.org/10.4467/20844131KS.17.002.6792Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 31 - 47
https://doi.org/10.4467/20844131KS.17.003.6793Magdalena Bainczyk
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 49 - 67
https://doi.org/10.4467/20844131KS.17.004.6794Eszter Cs. Herger
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 69 - 95
https://doi.org/10.4467/20844131KS.17.005.6795Thomas G. Olechowski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 97 - 116
https://doi.org/10.4467/20844131KS.17.006.6796Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 117 - 133
https://doi.org/10.4467/20844131KS.17.007.6797Napsugar Mondovics
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 135 - 146
https://doi.org/10.4467/20844131KS.17.008.6798Kinga Császár
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 147 - 167
https://doi.org/10.4467/20844131KS.17.009.6799Franciszek Longchamps de Bérier
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 169 - 180
https://doi.org/10.4467/20844131KS.17.010.6800Karin Almasy
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 181 - 184
Michał Ożóg
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 185 - 188
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 189 - 196
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 197 - 199
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 201 - 202
Katarzyna Krzysztofek, Maciej Mikuła, Marek Strzała, Michał Ożóg, Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 203 - 210
Frank L. Schäfer
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 1 - 16
https://doi.org/10.4467/20844131KS.17.001.6791Patrícia Dominika Niklai
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 17 - 30
https://doi.org/10.4467/20844131KS.17.002.6792Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 31 - 47
https://doi.org/10.4467/20844131KS.17.003.6793Magdalena Bainczyk
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 49 - 67
https://doi.org/10.4467/20844131KS.17.004.6794Eszter Cs. Herger
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 69 - 95
https://doi.org/10.4467/20844131KS.17.005.6795Thomas G. Olechowski
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 97 - 116
https://doi.org/10.4467/20844131KS.17.006.6796Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 117 - 133
https://doi.org/10.4467/20844131KS.17.007.6797Napsugar Mondovics
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 135 - 146
https://doi.org/10.4467/20844131KS.17.008.6798Kinga Császár
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 147 - 167
https://doi.org/10.4467/20844131KS.17.009.6799Franciszek Longchamps de Bérier
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 169 - 180
https://doi.org/10.4467/20844131KS.17.010.6800Karin Almasy
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 181 - 184
Michał Ożóg
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 185 - 188
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 189 - 196
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 197 - 199
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 201 - 202
Katarzyna Krzysztofek, Maciej Mikuła, Marek Strzała, Michał Ożóg, Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 10, Issue 1, Volume 10 (2017), pp. 203 - 210
Publication date: 30.03.2017
Issue Editors:
Wojciech Czabanowski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 453 - 470
https://doi.org/10.4467/20844131KS.16.023.6323Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 471 - 486
https://doi.org/10.4467/20844131KS.16.024.6324Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 487 - 508
https://doi.org/10.4467/20844131KS.16.025.6325Paweł Złamańczuk
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 509 - 524
https://doi.org/10.4467/20844131KS.16.026.6326Janusz Mierzwa
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 525 - 545
https://doi.org/10.4467/20844131KS.16.027.6327Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 547 - 566
https://doi.org/10.4467/20844131KS.16.028.6328Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 567 - 579
https://doi.org/10.4467/20844131KS.16.029.6329Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 581 - 585
https://doi.org/10.4467/20844131KS.16.030.6330Jacek Matuszewski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 587 - 605
https://doi.org/10.4467/20844131KS.16.031.6331Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 567 - 579
https://doi.org/10.4467/20844131KS.16.029.6329Wojciech Czabanowski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 453 - 470
https://doi.org/10.4467/20844131KS.16.023.6323Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 471 - 486
https://doi.org/10.4467/20844131KS.16.024.6324Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 487 - 508
https://doi.org/10.4467/20844131KS.16.025.6325Paweł Złamańczuk
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 509 - 524
https://doi.org/10.4467/20844131KS.16.026.6326Janusz Mierzwa
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 525 - 545
https://doi.org/10.4467/20844131KS.16.027.6327Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 547 - 566
https://doi.org/10.4467/20844131KS.16.028.6328Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 581 - 585
https://doi.org/10.4467/20844131KS.16.030.6330Jacek Matuszewski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 4, Volume 9 (2016), pp. 587 - 605
https://doi.org/10.4467/20844131KS.16.031.6331Publication date: 25.11.2016
Issue editors: Dorota Malec, Wacław Uruszczak, Krzysztof Fokt, Maciej Mikuła
Volume Editors: prof. dr hab. Dorota Malec, dr Krzysztof Fokt, prof. dr hab. Wacław Uruszczak, dr Maciej Mikuła
Hana Pátková
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 271 - 278
https://doi.org/10.4467/20844131KS.16.013.5853Ewa Wółkiewicz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 279 - 293
https://doi.org/10.4467/20844131KS.16.014.5854Vilém Knoll
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 295 - 312
https://doi.org/10.4467/20844131KS.16.015.5855Katalin Gönczi
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 313 - 326
https://doi.org/10.4467/20844131KS.16.016.5856Adriana Švecová
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 327 - 343
https://doi.org/10.4467/20844131KS.16.017.5857Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 345 - 360
https://doi.org/10.4467/20844131KS.16.021.5906Witold Małecki
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 361 - 378
https://doi.org/10.4467/20844131KS.16.022.5907Jacek Matuszewski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 379 - 406
https://doi.org/10.4467/20844131KS.16.018.5858Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 407 - 445
https://doi.org/10.4467/20844131KS.16.019.5859Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 447 - 451
https://doi.org/10.4467/20844131KS.16.020.5860Hana Pátková
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 271 - 278
https://doi.org/10.4467/20844131KS.16.013.5853Ewa Wółkiewicz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 279 - 293
https://doi.org/10.4467/20844131KS.16.014.5854Vilém Knoll
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 295 - 312
https://doi.org/10.4467/20844131KS.16.015.5855Katalin Gönczi
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 313 - 326
https://doi.org/10.4467/20844131KS.16.016.5856Adriana Švecová
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 327 - 343
https://doi.org/10.4467/20844131KS.16.017.5857Stanisław Salmonowicz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 345 - 360
https://doi.org/10.4467/20844131KS.16.021.5906Witold Małecki
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 361 - 378
https://doi.org/10.4467/20844131KS.16.022.5907Jacek Matuszewski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 379 - 406
https://doi.org/10.4467/20844131KS.16.018.5858Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 407 - 445
https://doi.org/10.4467/20844131KS.16.019.5859Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 447 - 451
https://doi.org/10.4467/20844131KS.16.020.5860Publication date: 19.09.2016
Issue editor: Dorota Malec, Wacław Uruszczak, Iwona Barwicka-Tylek, Agnieszka Czarnecka
Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 157 - 167
https://doi.org/10.4467/20844131KS.16.007.5327Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 169 - 186
https://doi.org/10.4467/20844131KS.16.008.5328Ferenc Hörcher
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 187 - 210
https://doi.org/10.4467/20844131KS.16.009.5329Iwona Barwicka-Tylek, Dorota Pietrzyk-Reeves
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 211 - 232
https://doi.org/10.4467/20844131KS.16.010.5330Agnieszka Czarnecka
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 233 - 241
https://doi.org/10.4467/20844131KS.16.011.5331Adam Czarnota
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 243 - 249
https://doi.org/10.4467/20844131KS.16.012.5332Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 251 - 254
Lenka Šmídová Malárová
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 255 - 256
Maria Filipiak
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 257 - 258
Tamás Kecskés
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 259 - 261
Alexandra Letková
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 263 - 266
Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 267 - 270
Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 157 - 167
https://doi.org/10.4467/20844131KS.16.007.5327Marcin Tomasiewicz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 169 - 186
https://doi.org/10.4467/20844131KS.16.008.5328Ferenc Hörcher
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 187 - 210
https://doi.org/10.4467/20844131KS.16.009.5329Iwona Barwicka-Tylek, Dorota Pietrzyk-Reeves
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 211 - 232
https://doi.org/10.4467/20844131KS.16.010.5330Agnieszka Czarnecka
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 233 - 241
https://doi.org/10.4467/20844131KS.16.011.5331Adam Czarnota
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 243 - 249
https://doi.org/10.4467/20844131KS.16.012.5332Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 251 - 254
Lenka Šmídová Malárová
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 255 - 256
Maria Filipiak
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 257 - 258
Tamás Kecskés
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 259 - 261
Alexandra Letková
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 263 - 266
Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 267 - 270
Publication date: 14.06.2016
Issue editor:
Rafał Marek
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 1 - 24
https://doi.org/10.4467/20844131KS.16.001.5073Matej Mlkvý
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 25 - 38
https://doi.org/10.4467/20844131KS.16.002.5074Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 39 - 66
https://doi.org/10.4467/20844131KS.16.003.5075Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 67 - 95
https://doi.org/10.4467/20844131KS.16.004.5076Karolina Adamová, Antonín Lojek
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 97 - 109
https://doi.org/10.4467/20844131KS.16.005.5077Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 111 - 122
https://doi.org/10.4467/20844131KS.16.006.5078Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 123 - 126
The text is a short, descriptive review of an important source edition of documents attesting to peasant testamentary dispositions in the Polish Crown in the 16th–18th centuries, prepared and published in 2015 by Prof. Janusz Łosowski.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 127 - 134
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 135 - 138
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 139 - 140
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 141 - 141
Michał Ożóg
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 143 - 155
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 153 - 156
Rafał Marek
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 1 - 24
https://doi.org/10.4467/20844131KS.16.001.5073Matej Mlkvý
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 25 - 38
https://doi.org/10.4467/20844131KS.16.002.5074Karol Łopatecki
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 39 - 66
https://doi.org/10.4467/20844131KS.16.003.5075Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 67 - 95
https://doi.org/10.4467/20844131KS.16.004.5076Karolina Adamová, Antonín Lojek
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 97 - 109
https://doi.org/10.4467/20844131KS.16.005.5077Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 111 - 122
https://doi.org/10.4467/20844131KS.16.006.5078Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 123 - 126
The text is a short, descriptive review of an important source edition of documents attesting to peasant testamentary dispositions in the Polish Crown in the 16th–18th centuries, prepared and published in 2015 by Prof. Janusz Łosowski.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 127 - 134
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 135 - 138
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 139 - 140
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 141 - 141
Michał Ożóg
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 143 - 155
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 1, Volume 9 (2016), pp. 153 - 156
Publication date: 31.03.2016
Issue Editors:
Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 343 - 356
https://doi.org/10.4467/20844131KS.15.020.4880Adam Piasecki
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 357 - 373
https://doi.org/10.4467/20844131KS.15.021.4881Naďa Štachová , Adriana Švecová
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 375 - 393
https://doi.org/10.4467/20844131KS.15.022.4882Ján Sombati
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 395 - 409
https://doi.org/10.4467/20844131KS.15.023.4883Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 411 - 428
https://doi.org/10.4467/20844131KS.15.024.4884Zuzana Illýová
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 429 - 439
https://doi.org/10.4467/20844131KS.15.025.4885Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 441 - 445
https://doi.org/10.4467/20844131KS.15.026.4886Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 447 - 452
https://doi.org/10.4467/20844131KS.15.027.4887Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 453 - 456
https://doi.org/10.4467/20844131KS.15.028.4888
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 457 - 476
https://doi.org/10.4467/20844131KS.15.029.4889Wouter Druwé
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 343 - 356
https://doi.org/10.4467/20844131KS.15.020.4880Adam Piasecki
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 357 - 373
https://doi.org/10.4467/20844131KS.15.021.4881Naďa Štachová , Adriana Švecová
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 375 - 393
https://doi.org/10.4467/20844131KS.15.022.4882Ján Sombati
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 395 - 409
https://doi.org/10.4467/20844131KS.15.023.4883Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 411 - 428
https://doi.org/10.4467/20844131KS.15.024.4884Zuzana Illýová
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 429 - 439
https://doi.org/10.4467/20844131KS.15.025.4885Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 441 - 445
https://doi.org/10.4467/20844131KS.15.026.4886Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 447 - 452
https://doi.org/10.4467/20844131KS.15.027.4887Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 453 - 456
https://doi.org/10.4467/20844131KS.15.028.4888
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 4, Volume 8 (2015), pp. 457 - 476
https://doi.org/10.4467/20844131KS.15.029.4889Publication date: 20.10.2015
Issue Editors:
Jacek Matuszewski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 215 - 228
https://doi.org/10.4467/20844131KS.15.013.3990Anna Rosner
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 229 - 242
https://doi.org/10.4467/20844131KS.15.014.3991Danuta Janicka
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 243 - 256
https://doi.org/10.4467/20844131KS.15.015.3992Andrzej Adamczyk
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 257 - 276
https://doi.org/10.4467/20844131KS.15.016.3993Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 277 - 298
https://doi.org/10.4467/20844131KS.15.017.3994Przemysław Marcin Żukowski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 299 - 317
https://doi.org/10.4467/20844131KS.15.018.3995Iwona Barwicka-Tylek, Jacek Malczewski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 319 - 325
https://doi.org/10.4467/20844131KS.15.019.3996The article is a voice in the debate concerning the role of historical-legal subjects in the curriculum of legal studies. The authors argue that the declining popularity and attractiveness of those subjects largely results from inadequate understanding of the purpose and form of instruction. Instead of building the intellectual ethos of future lawyers they contribute to a new type of absolute ignorance. Referring to their own academic discipline, the history of political and legal thought, the authors outline a workable teaching model.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 327 - 332
Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 333 - 341
Jacek Matuszewski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 215 - 228
https://doi.org/10.4467/20844131KS.15.013.3990Anna Rosner
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 229 - 242
https://doi.org/10.4467/20844131KS.15.014.3991Danuta Janicka
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 243 - 256
https://doi.org/10.4467/20844131KS.15.015.3992Andrzej Adamczyk
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 257 - 276
https://doi.org/10.4467/20844131KS.15.016.3993Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 277 - 298
https://doi.org/10.4467/20844131KS.15.017.3994Przemysław Marcin Żukowski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 299 - 317
https://doi.org/10.4467/20844131KS.15.018.3995Iwona Barwicka-Tylek, Jacek Malczewski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 319 - 325
https://doi.org/10.4467/20844131KS.15.019.3996The article is a voice in the debate concerning the role of historical-legal subjects in the curriculum of legal studies. The authors argue that the declining popularity and attractiveness of those subjects largely results from inadequate understanding of the purpose and form of instruction. Instead of building the intellectual ethos of future lawyers they contribute to a new type of absolute ignorance. Referring to their own academic discipline, the history of political and legal thought, the authors outline a workable teaching model.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 327 - 332
Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 3, Volume 8 (2015), pp. 333 - 341
Publication date: 07.09.2015
Issue Editors:
Marek Maciejewski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 107 - 132
https://doi.org/10.4467/20844131KS.15.007.3813Przemysław Gawron, Adam Moniuszko
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 133 - 157
https://doi.org/10.4467/20844131KS.15.008.3814Anna Tarnowska
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 159 - 171
https://doi.org/10.4467/20844131KS.15.009.3815Maciej Marszał
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 173 - 183
https://doi.org/10.4467/20844131KS.15.010.3816Jacek Przygodzki
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 185 - 198
https://doi.org/10.4467/20844131KS.15.011.3817Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 199 - 214
https://doi.org/10.4467/20844131KS.15.012.3818Marek Maciejewski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 107 - 132
https://doi.org/10.4467/20844131KS.15.007.3813Przemysław Gawron, Adam Moniuszko
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 133 - 157
https://doi.org/10.4467/20844131KS.15.008.3814Anna Tarnowska
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 159 - 171
https://doi.org/10.4467/20844131KS.15.009.3815Maciej Marszał
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 173 - 183
https://doi.org/10.4467/20844131KS.15.010.3816Jacek Przygodzki
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 185 - 198
https://doi.org/10.4467/20844131KS.15.011.3817Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 2, Volume 8 (2015), pp. 199 - 214
https://doi.org/10.4467/20844131KS.15.012.3818Publication date: 02.06.2015
Issue Editors:
Volume Editors: prof. dr hab. Dorota Malec, prof. dr hab. Wacław Uruszczak, dr Katarzyna Krzysztofek, dr Marek Stus
Przemysław Kubiak
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 1 - 24
https://doi.org/10.4467/20844131KS.15.001.3740Grzegorz Smyk
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 25 - 40
https://doi.org/10.4467/20844131KS.15.002.3741Wojciech Witkowski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 41 - 55
https://doi.org/10.4467/20844131KS.15.003.3742Marian J. Ptak
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 57 - 76
https://doi.org/10.4467/20844131KS.15.004.3743Bożena A. Czech-Jezierska
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 77 - 92
https://doi.org/10.4467/20844131KS.15.005.3744Anna Moszyńska, Zbigniew Naworski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 93 - 106
https://doi.org/10.4467/20844131KS.15.006.3745Przemysław Kubiak
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 1 - 24
https://doi.org/10.4467/20844131KS.15.001.3740Grzegorz Smyk
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 25 - 40
https://doi.org/10.4467/20844131KS.15.002.3741Wojciech Witkowski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 41 - 55
https://doi.org/10.4467/20844131KS.15.003.3742Marian J. Ptak
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 57 - 76
https://doi.org/10.4467/20844131KS.15.004.3743Bożena A. Czech-Jezierska
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 77 - 92
https://doi.org/10.4467/20844131KS.15.005.3744Anna Moszyńska, Zbigniew Naworski
Cracow Studies of Constitutional and Legal History, Volume, 8 Issue 1, Volume 8 (2015), pp. 93 - 106
https://doi.org/10.4467/20844131KS.15.006.3745Publication date: 12.04.2015
Issue Editors:
Miron Kapral
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 551 - 560
https://doi.org/10.4467/20844131KS.14.040.3542It was after a long period of the Soviet censorship and reprisals that, upon the gaining of independence and restoring intellectual freedom in their land, the Ukrainian legal historians entered a new era, particularly in the area of publication of normative acts of the medieval and modern epochs. Kyïv and Lviv became the centres in which the research on legal history was made and the editing of historical documents was taken up. Some editing being also made in Chernihiv, Zhytomyr, Odessa and Poltava. The editing taken up un that period may be divided into several thematic groups. These were: constitutional and legal history (the acts and documents referring to Galych-Volynian Duchy, Grand Duchy of Lithuania, and particularly the Cossack State (Het’manshchyna) of the 17th through 18th centuries; social history (citizens of towns, peasants, nobles); history of the Church (particularly that of the Greek-Catholic Church); history of art and culture. Upon the end of the Soviet era the censorship and particular limitations were lifted, the number of publications considerably increased, the range of studied themes and research publications was broadened, the emphasis was laid on the publishing of comprehensive sets of normative acts. Among the negative tendencies in publishing legal sources one can indicate the absence of large projects which would cover the entire territory of Ukraine, the fact that the publications are not systematic, the occasional weakness of the standard of editing, its poor institutional framework and the absence of specialized journals.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 561 - 572
https://doi.org/10.4467/20844131KS.14.041.3543The article includes a comprehensive and accurate picture of the development and hardships of the Science of Legal History from the second half of the 20th century. It is impossible to give a systematic representation of the science of legal history in Hungary; the author’s aim is use snapshots of different problems in order to give a feeling for the changes legal history went through due to the political events of the 20th century. To sum up, it can be said that publication opportunities were affected by both subjective and objective factors in Hungary. It is a happy fact that the number of researchers in the field of legal history constantly increased. The structure of university education and the changes in international relations also affected the transformation of possibilities for publication. After the era of Socialism, the publication of research results in the field of Hungarian law, more specifically, the field of legal history, changed significantly. One must not forget that with the broadening of international relations, further options became available for foreign colleagues to become familiar with the works of Hungarian legal historians.
Danuta Janicka
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 573 - 592
https://doi.org/10.4467/20844131KS.14.042.3544The present contribution depicts the specific forms of settling disputes on the Polish territories in the 19th and early 20th century as formed in the selected pieces of belles-lettres. The specific settling of disputes assumed above all the form of duels accompanied by honorary negotiations. To reach similar objective to so called courts of honour were employed as well as so called citizens’ courts that passed judgements on infamy of the Poles blamed for being dishonest in public affairs. Likewise, the arbitration courts were resorted to. They applied out-of-courts settlements of private disputes. The duels the honorary negotiations that were bound with them or the courts of honour were the most frequent literary motifs. At first the Polish writers, such as Ferdynand Chotomski and Edward Lubawski, depicted them in a satirical tone. However, Bolesław Prus created realistic images of duels, as well as Stefan Żeromski, who presented a true description of the citizens’ court. Kornel Makuszyński, in his turn, created a model image of the arbitration court. The detailed analysis made in the present contribution allow for the conclusion that literary texts can make up an interesting and valuable source in the research of legal historian.
Przemysław Marcin Żukowski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 593 - 628
https://doi.org/10.4467/20844131KS.14.043.3545Krzyżanowski was the son of Stanisław, who was a professor of history at Jagiellonian University, and Wanda, née Studnicka. His younger brother, Witold, was a professor of political economy and dean of the Law Faculty at Jagiellonian University.
After his matura exams at St. Anne’s gymnasium he began to study at the Law Faculty at Jagiellonian University. After graduation he went on to complete a doctoral degree. In the meantime, he spent one term listening to lectures at the University of Vienna. Following which he started to work as a volunteer apprentice in the National Bank of Poland. He also began an apprenticeship as a barrister. After the First World War he worked at the State Treasury Solicitors’ Office, first in Cracow, then in Vilnius.
His work in public administration had its influence on Krzyżanowski’s academic interests. In 1924 he published Trybunał Kompetencyjny. Studium z zakresu polskiego prawa publicznego, which qualified him for UJ’s veniam legendi in 1925. At the same time, due principally to a shortage of scientific staff, a chair of administrative law at the Stefan Batory University in Vilnius sat vacant. Krzyżanowski seemed to be the best candidate, but negotiations between the State Treasury Solicitors’ Office and the University were very long. Krzyżanowski was forced to give lectures as a substitute professor for several years, because the Ministry of Religion and Public Education didn’t permit him to be a titular professor. They treated his work at the University as being extraneous.
Finally, on January 1, 1927 Krzyżanowski was reassigned to the State Treasury Solicitors’ Office in Vilnius and he also received permission to lecture at the University in Vilnius. Unfortunately, he died within a few months after a short illness.
The paper contains a biography of Kazimierz Maria Krzyżanowski, along with an inventory of his scientific output.
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 629 - 645
https://doi.org/10.4467/20844131KS.14.044.3546Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 647 - 651
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 653 - 658
The reviewed book is an extensive study devoted to criminal trial as conducted in the towns of Southern Poland of early modern period. The author relied on particularly rich source material composed of norm-setting acts, writings of lawyers engaged in theoretical analysis and a large number of court books referring to penal cases, both those presented in the form of manuscripts as well as those that appeared in print. The significance of the study consists in the exploitation by its author of the sources illustrative of legal practice. The author investigated, with a particular precision, the factual course that the municipal criminal trial used to take in more serious penal cases. He laid a particular emphasis on the fairly well source-supported evidentiary proceedings. Worthy of note is his analysis devoted to the substantial law basis according to which the judgements were passed. The analysis showed that in the 16th through 18th centuries, in the municipal courts the local customary law played significant role, apart from that played by the Saxon and Magdeburg legal systems. On the basis of the research that he made the author suggests a conclusion that, despite the differences detectable in the practice of the respective towns, there functioned a uniform municipal penal procedure. The latter was characterized by certain features. These were: 1) the absence – in general – of individualized inquiry that would precede the judicial part of proceedings; 2) the instituting and conducting the judicial proceedings through ex officio method being regarded as something absolutely exceptional; 3) the proceedings were – as a rule – instituted due to the proposal of the plaintiff although sometimes they were instituted through the handing one of the accused to the court; 4) the varying role of the parties engaged in the trial, this being dependant on the specific court; 5) a significant role played by the defence counsels; 6) the lack of limitations that might be imposed on evidentiary proceedings with respect to the specific stage of the trial; 7) the evaluation of evidence based on common sense and not on rigid rules; 8) a slight significance of the appeal proceedings, this might be due to the influence of inquisitional type of procedure. While highly appreciating the practice of criminal courts, the author arrived at a conclusion that remarkably large number of elements of accusatorial and adversary nature that are found in the discussed proceedings locates the criminal trial conducted in the Polish towns of the modern era on the position of the accusatorial and adversary model, the modern elements of inquisitional origin being also detectable in it.
Maria Filipiak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 659 - 661
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 663 - 668
Zuzana Illýová
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 669 - 673
Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 675 - 678
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 679 - 681
Piotr Jurek
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 683 - 692
The merging of the Constitutional and Legal History of Poland with the General Constitutional and Legal History into one subject Constitutional and Legal History gave rise to the fear that Polish constitutional and legal institutions may be blurred in the area of general history. The absence of individual subject, whose name reflected Polishness, might contribute to the weakening of the spirit of historical community of Polish society, the spirit being previously moulded by the discussed subject. The essential educational element in the forming of the frame of mind of the lawyer inclined toward humanities is the knowledge of above all the constitutional history of his own country, the evolution of its political institutions and the law applied in courts. The discussed modification of the process of educating future lawyers at the Faculty of Law, Administration and Economy of the University of Wrocław may push to the background questions which laid the emphasis on the vernacular legal culture of the state. It is from the native constitutional and legal history that we obtain the first line experience. The subject that was thus eliminated was the one characterized by rich historiography and the one that emphasized the historical continuity of Polish state and law.
Maria Filipiak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 659 - 661
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 663 - 668
Zuzana Illýová
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 669 - 673
Roman Shandra
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 675 - 678
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 679 - 681
Piotr Jurek
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 683 - 692
The merging of the Constitutional and Legal History of Poland with the General Constitutional and Legal History into one subject Constitutional and Legal History gave rise to the fear that Polish constitutional and legal institutions may be blurred in the area of general history. The absence of individual subject, whose name reflected Polishness, might contribute to the weakening of the spirit of historical community of Polish society, the spirit being previously moulded by the discussed subject. The essential educational element in the forming of the frame of mind of the lawyer inclined toward humanities is the knowledge of above all the constitutional history of his own country, the evolution of its political institutions and the law applied in courts. The discussed modification of the process of educating future lawyers at the Faculty of Law, Administration and Economy of the University of Wrocław may push to the background questions which laid the emphasis on the vernacular legal culture of the state. It is from the native constitutional and legal history that we obtain the first line experience. The subject that was thus eliminated was the one characterized by rich historiography and the one that emphasized the historical continuity of Polish state and law.
Miron Kapral
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 551 - 560
https://doi.org/10.4467/20844131KS.14.040.3542It was after a long period of the Soviet censorship and reprisals that, upon the gaining of independence and restoring intellectual freedom in their land, the Ukrainian legal historians entered a new era, particularly in the area of publication of normative acts of the medieval and modern epochs. Kyïv and Lviv became the centres in which the research on legal history was made and the editing of historical documents was taken up. Some editing being also made in Chernihiv, Zhytomyr, Odessa and Poltava. The editing taken up un that period may be divided into several thematic groups. These were: constitutional and legal history (the acts and documents referring to Galych-Volynian Duchy, Grand Duchy of Lithuania, and particularly the Cossack State (Het’manshchyna) of the 17th through 18th centuries; social history (citizens of towns, peasants, nobles); history of the Church (particularly that of the Greek-Catholic Church); history of art and culture. Upon the end of the Soviet era the censorship and particular limitations were lifted, the number of publications considerably increased, the range of studied themes and research publications was broadened, the emphasis was laid on the publishing of comprehensive sets of normative acts. Among the negative tendencies in publishing legal sources one can indicate the absence of large projects which would cover the entire territory of Ukraine, the fact that the publications are not systematic, the occasional weakness of the standard of editing, its poor institutional framework and the absence of specialized journals.
Norbert Varga
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 561 - 572
https://doi.org/10.4467/20844131KS.14.041.3543The article includes a comprehensive and accurate picture of the development and hardships of the Science of Legal History from the second half of the 20th century. It is impossible to give a systematic representation of the science of legal history in Hungary; the author’s aim is use snapshots of different problems in order to give a feeling for the changes legal history went through due to the political events of the 20th century. To sum up, it can be said that publication opportunities were affected by both subjective and objective factors in Hungary. It is a happy fact that the number of researchers in the field of legal history constantly increased. The structure of university education and the changes in international relations also affected the transformation of possibilities for publication. After the era of Socialism, the publication of research results in the field of Hungarian law, more specifically, the field of legal history, changed significantly. One must not forget that with the broadening of international relations, further options became available for foreign colleagues to become familiar with the works of Hungarian legal historians.
Danuta Janicka
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 573 - 592
https://doi.org/10.4467/20844131KS.14.042.3544The present contribution depicts the specific forms of settling disputes on the Polish territories in the 19th and early 20th century as formed in the selected pieces of belles-lettres. The specific settling of disputes assumed above all the form of duels accompanied by honorary negotiations. To reach similar objective to so called courts of honour were employed as well as so called citizens’ courts that passed judgements on infamy of the Poles blamed for being dishonest in public affairs. Likewise, the arbitration courts were resorted to. They applied out-of-courts settlements of private disputes. The duels the honorary negotiations that were bound with them or the courts of honour were the most frequent literary motifs. At first the Polish writers, such as Ferdynand Chotomski and Edward Lubawski, depicted them in a satirical tone. However, Bolesław Prus created realistic images of duels, as well as Stefan Żeromski, who presented a true description of the citizens’ court. Kornel Makuszyński, in his turn, created a model image of the arbitration court. The detailed analysis made in the present contribution allow for the conclusion that literary texts can make up an interesting and valuable source in the research of legal historian.
Przemysław Marcin Żukowski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 593 - 628
https://doi.org/10.4467/20844131KS.14.043.3545Krzyżanowski was the son of Stanisław, who was a professor of history at Jagiellonian University, and Wanda, née Studnicka. His younger brother, Witold, was a professor of political economy and dean of the Law Faculty at Jagiellonian University.
After his matura exams at St. Anne’s gymnasium he began to study at the Law Faculty at Jagiellonian University. After graduation he went on to complete a doctoral degree. In the meantime, he spent one term listening to lectures at the University of Vienna. Following which he started to work as a volunteer apprentice in the National Bank of Poland. He also began an apprenticeship as a barrister. After the First World War he worked at the State Treasury Solicitors’ Office, first in Cracow, then in Vilnius.
His work in public administration had its influence on Krzyżanowski’s academic interests. In 1924 he published Trybunał Kompetencyjny. Studium z zakresu polskiego prawa publicznego, which qualified him for UJ’s veniam legendi in 1925. At the same time, due principally to a shortage of scientific staff, a chair of administrative law at the Stefan Batory University in Vilnius sat vacant. Krzyżanowski seemed to be the best candidate, but negotiations between the State Treasury Solicitors’ Office and the University were very long. Krzyżanowski was forced to give lectures as a substitute professor for several years, because the Ministry of Religion and Public Education didn’t permit him to be a titular professor. They treated his work at the University as being extraneous.
Finally, on January 1, 1927 Krzyżanowski was reassigned to the State Treasury Solicitors’ Office in Vilnius and he also received permission to lecture at the University in Vilnius. Unfortunately, he died within a few months after a short illness.
The paper contains a biography of Kazimierz Maria Krzyżanowski, along with an inventory of his scientific output.
Jakub Pokoj
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 629 - 645
https://doi.org/10.4467/20844131KS.14.044.3546Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 647 - 651
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 4, Volume 7 (2014), pp. 653 - 658
The reviewed book is an extensive study devoted to criminal trial as conducted in the towns of Southern Poland of early modern period. The author relied on particularly rich source material composed of norm-setting acts, writings of lawyers engaged in theoretical analysis and a large number of court books referring to penal cases, both those presented in the form of manuscripts as well as those that appeared in print. The significance of the study consists in the exploitation by its author of the sources illustrative of legal practice. The author investigated, with a particular precision, the factual course that the municipal criminal trial used to take in more serious penal cases. He laid a particular emphasis on the fairly well source-supported evidentiary proceedings. Worthy of note is his analysis devoted to the substantial law basis according to which the judgements were passed. The analysis showed that in the 16th through 18th centuries, in the municipal courts the local customary law played significant role, apart from that played by the Saxon and Magdeburg legal systems. On the basis of the research that he made the author suggests a conclusion that, despite the differences detectable in the practice of the respective towns, there functioned a uniform municipal penal procedure. The latter was characterized by certain features. These were: 1) the absence – in general – of individualized inquiry that would precede the judicial part of proceedings; 2) the instituting and conducting the judicial proceedings through ex officio method being regarded as something absolutely exceptional; 3) the proceedings were – as a rule – instituted due to the proposal of the plaintiff although sometimes they were instituted through the handing one of the accused to the court; 4) the varying role of the parties engaged in the trial, this being dependant on the specific court; 5) a significant role played by the defence counsels; 6) the lack of limitations that might be imposed on evidentiary proceedings with respect to the specific stage of the trial; 7) the evaluation of evidence based on common sense and not on rigid rules; 8) a slight significance of the appeal proceedings, this might be due to the influence of inquisitional type of procedure. While highly appreciating the practice of criminal courts, the author arrived at a conclusion that remarkably large number of elements of accusatorial and adversary nature that are found in the discussed proceedings locates the criminal trial conducted in the Polish towns of the modern era on the position of the accusatorial and adversary model, the modern elements of inquisitional origin being also detectable in it.
Publication date: 16.02.2015
Issue Editors:
Wacław Uruszczak, Arleta Adamska-Sałaciak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 405 - 417
https://doi.org/10.4467/20844131KS.14.030.3095The sources of legal history illustrate the functioning of state structure and the society à trawers les âges. They are doubtless cultural heritage and value. One can view them through prism that is: 1) historical; 2) cognitive; 3) cultural. It is worthwhile to note that a well-prepared edition of the sources of that type facilitates smuggling their cognitive and cultural values. The editing of the sources cannot be replaced by a digitalization of the archives. Of course, the digitalization is needed (since it provides better protection of the archives than the microfilms do, and facilitates the access to the source material). However it cannot replace the function of source editing. The latter, in fact guarantees their the cognitive and cultural aspects of the source material will be brought to light. When edited, the sources material is not only the tool, it turns also into a cultural value. The first Polish editions of sources of legal history were prepared in the 18th century. These were: Volumina Legum (a collection of parliamentary acts), and the edition of international treaties compiled by Maciej Dogiel. The material they contained was still in use in legal practice of the 18th century. In the 19th century the growth of interests in the Poland’s past was stimulative of further editions of sources. They were published in several series. Thus Antoni Zygmunt Helcel established a series Starodawne prawa polskiego pomniki while the Polish Academy of Arts and Sciences printed Archiwum komisji prawniczej. Both series continued publishing the main legal acts and also those illustrative of legal practice from the 13th through 18th centuries. There were also some sources printed beyond the scope of these two series. The efforts of A.Z. Helcel, R. Hube, B. Ulanowski, F. Piekosiński, M. Bobrzyński, S. Kutrzeba and O. Balzer in source exploring were continued after World War II. Those engaged in this work were above all the researchers from Kraków, Warszawa, Poznań. The second series of Starodawne prawa polskiego pomniki was due to the initiative of the Polish Academy of Science, its editor-in-chief being professor Adam Vetulani. Following 1989 it is in the Chair of Polish Legal History at the Jagiellonian University that the task of source editing is continued. It has been for 15 years now that Professor Stanisław Grodziski and his co-workers are engaged in publishing Volumina Constitutionum which is a modern version of the edition of the parliamentary acts of the old-Polish nobiliary Republic. In this millieu it was also Ludwik Łysiak and Karin Nilsen von Stryk who were responsible for publishing the court records illustrative of the cases between 15th through 16th centuries. Professor Wacław Uruszczak and his collaborators were, in their turn, busy editing criminal court records between 16th through 18th centuries.
Heinz Mohnhaupt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 419 - 432
https://doi.org/10.4467/20844131KS.14.031.3096This paper examines the history and contemporary practice of the edition of privileges in the context of the term “source of law”. In all legal systems, the term “source of law” has a quality of normative power or of authority for the decision-making processes. In this sense, the research question decides about their property as sources of law.
This raises the question of the content and function of privileges in the history of law. While the individual and special privilegia form a contrast to common law or general legislation as leges privatae, on the other hand, they are also part of the greater category of law and legislation in general. This accounts for their enormous instrumentality in the creation of legal systems. Privileges may extend to all matters of private and public law (economy, trade, invention, jurisdiction, constitution, rights of estates etc.). They have appeared as a mass phenomenon since the Middle Ages. The different characteristics of the sources in turn connote both problems and possibilities for their edition, both in the past and the present. Different forms and functions of their publication and edition can be distinguished for the Ancien Régime. Publications of privileges of estates often served political interests, the publication of private-law privileges, thus, served to protect individual legal positions and their probability in court.
Today, the edition of privileges is determined by the research objectives in European legal history and, in the face of the mass phenomenon of this type of source, is hampered by the problem of criteria for their selection. Editions on the jurisdiction and economic development in the Old Reich have been published in Germany and Austria in recent years (1980, 1981). They attest to the traditional power of privileges and show the important meaning for the ordering and shaping of law up until the 19th century.
Philippe Nélidoff
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 433 - 445
https://doi.org/10.4467/20844131KS.14.032.3097It is for a long time now that legal historians have been interested in the paths along which the French law used to be created. It is true that the learned law (the Roman law as well as the Canon law) played a significant role in variety of fields. However the commonly applied customary law which slowly used to emerge due to the official compilations of customs as ordered by the Royal Ordinance of Montils-les-‑Tours (1454) and materialized in the 16th century, in the same way as the teaching of law – commenced worth the ordinances inspired by the royal professors of the French law. They often were the experienced advocates or judges who appeared at the same time at which the Ordinance of Saint-Germain was issued (1679) and they considerably contributed to the erection of the edifice of law, the one that was crowned with the Napoleonic codifications. What should not fall into oblivion is the role of the decisions of parliaments and the docrine bound with it, the decisions and the doctrine being inseparable in practice. While viewing the problem through that prism it is indispensable to study the role of arretistes, i.e. the judges and the advocates, experts in the practice of law, who published the compilations of judgements. They not only presented the most important court decisions but they additionally commented on them. The compilations doubtless make up a part of a larger collection (corpus) of law literature. The latter includes also the authors of legal studies such as law dictionaries, collections of legal styles and those devoted to civil law procedure, commentaries of customs and the authors of complaints. Those sources recorded in the written form a substantial part of legal act which in its essence is oral. However hundreds of collections of that type derived from the entire France of the 17th and 18th centuries have not been identified until now. On the Parliament of Toulouse it was possible to identify sixteen arrêtistes, which puts this Parliament at the second place after that atrributed the Parliament of Paris and ahead of Parliaments of Bretagne (10) and Provence (9). This position corresponds to the time of its origin (1444), the scope of its competence and the number of cases subjected to its cognition. The aforementioned collections, fully private, were often postnumously published and therefore were remote from the time with which they were concerned. On the other hand, as regards their 17th and 18th centuries editions, they were repeatedly republished. These works were highly erudite and referred to variety of matters, apart from those that dealt with penal law. It is difficult to determine the extent to which the discussed law literature had its influence on the decisions of Parliaments. It seems that the advocates had this kind of registers of cases for their own use and exploited them while engaged in the judiciary. The editing in Toulouse in 1831 by Jean-Baptiste Laviguerie of the previously non-published decisions of the Toulouse Parliament testifies to the long-lived value of this kind of sources of law. They survived the time of the Revolution and the Napoleonic codification activities.
Christine Mengès-Le Pape
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 447 - 453
https://doi.org/10.4467/20844131KS.14.033.3098The men of the Enlightenment embarked upon a big project of publishing legal work of encyclopedic and popularizing nature. It was in one of such works the Repertoire, that Joseph-Nicolas Guyot explained twofold reason of the publication. His book was planned to be above all a kind of compendium of judicial decisions that was designed to arouse interest of the judges of all courts and practitioners, those who wished to learn of their duties and rights as well as those who wanted to have their share in the reforming of the judiciary that was being prepared by the doctrine. According to Guyot, his work intended also to educate the parties involved in the court proceedings. In the foreword Guyot wrote: The dispute comes to being as a result of ignorance of law and it frequently causes the ruin of the family that institutes an unfair trial. The articles printed in some dictionaries and registers of cases were characterized by new methods of obtaining information. Thanks to the commentaries found there in the old collections of judgments, often limited to simple publication of judicial decisions, drifted to the foreground. It was in the spirit of Enlightenment that legal definitions were equipped with a wide description which compiled variety of information. And since it was suitable to drop ignorance and legal diversity that permeated the Kingdom, the publications of the time compiled definitions, facts and quotations extracted from the works of the most eminent advocates. Such method was also close to that followed by Joseph-Nicolas Guyot. In the terminology that he exploits there may be perceived the influence of great parliamentarians of the century, particularly that of Montesquieu. There was an attempt made to provide each entry with clear and precise explanations, those that corresponded with the spirit of royal decrees and the sources derived from the most pure doctrine. In the registers of the decline of Ancien Regime there could be found the progressive image of history, saturated with the novelties and the idea of progress. But this was not tantamount to the dropping of the experience of the past. Thanks to the encyclopedic publications the historicity of law was coupled with the practical objective of these works. The progress could mean only the improvement of law.
Laurent Waelkens
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 455 - 462
https://doi.org/10.4467/20844131KS.14.034.3099Belgium became independent in 1830. In this constitutional monarchy, legal norms would find their place in a hierarchy of norms of which the constitution formed the pinnacle. In practice, the country renewed only a part of its legal norms. Many sources predating 1830 remained in force. Which ones? Which measures did they include? With the aim of putting these anciennes lois et ordonnances in order, a Royal Decree of 18 April 1846 established a royal Commission for Old Laws and Ordinances of Belgium (Commission royale des anciennes lois et ordonnances de Belgique), which was composed of politicians and professors of law faculties. Initially, the Commission was at the service of judicial practice. Its activities were considerably diminished by the First World War and it was only in 1950 that it took up its full range of activities again. At that time, the Commission was invested in exclusively by legal historians, who reoriented it to serve the science of legal history. Since 1846, the Commission has decided to divide the publication of legal texts into three collections: the ordinances, the customaries, and the treaties. In each division, it distinguished between acts regarding the old Netherlands and those regarding the Principalities of Liège, Stavelot, and Bouillon. The volumes concerning Liège, Stavelot, and Bouillon were finished in 1878. The publication of the ordinances of the other territories were organised into three series: (1) the Burgundian period (1381–1506), (2) the Habsburg and Spanish period (1506–1700), and (3) the Austrian period (1700–1794). The series concerning the Austrian period was completed in 1942. For the second series, the ordinances of Philip II are still being dealt with. Work on the first series was only begun in the twentieth century and the editors have reached the period of Philip the Good (who died in 1467). The publication of customaries was divided into thirteen series according to the old principalities of the Southern Netherlands which were situated in the current territory of Belgium. The jurisprudence of the courts of justice that were submitted to the homologation of the Great Council of Malines between the seventeenth and eighteenth centuries was edited first. Currently, eighty quarto volumes have been published. Two volumes of homologated customaries remain to be published. In the meantime, the Commission has added older documents to its field of action, which allow the following of the evolution of customary law at the end of the Middle Ages. There are, for example, volumes dedicated to appeals to the Parliament of Paris against the Council of Flanders, published starting from Parisian files. The third series has never been started, as the Commission provisionally abandoned the publication of the treaties of the old principalities. The Commission also edits the Bulletin of the Royal Commission for Old Laws and Ordinances of Belgium (Bulletin de la Commission royale des anciennes lois et ordonnances de Belgique), which appears sporadically. In this Bulletin, one finds preparatory studies concerning the editing of legal sources and the editions of texts which are too short to merit an entire volume. Without the Bulletin, the entire set of the Commission’s publication consists of about two hundred and fifty quarto volumes and about twenty octavo volumes.
Tomáš Gábriš
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 463 - 483
https://doi.org/10.4467/20844131KS.14.035.3100The paper explains the methodology applied in the edition of historical legal sources of major importance for the 19th and 20th centuries Slovakia – the edition of the Provisional Judicial Rules (“PJR”) of the Judex-Curial Conference of 1861. At the Conference, legal scholars and politicians adopted a decision to abandon the previous twelve years of neoabsolutism and centralism introduced by the Austrian law, and opted for a renewal of the traditional Hungarian legal system with some changes introduced by the laws of March 1848 (the March Constitution of 1848). At the same time they retained some rules of Austrian origin and created some rules that were entirely new, particularly in the field of civil procedural law and inheritance law. While evaluating the legal nature of the PJR, the literature used to claim that they never became law because Parliament of 1861 was not created legally (representatives were not elected under the electoral law enacted as part of the March Constitution of 1848) and because the monarch, Francis Joseph I, had not yet been crowned (his coronation took place in 1867). Therefore the legislative process could not be successfully completed. The only solution that was reported to was the recognition of the exceptional situation which dominated in Hungary between 1861–1867 – it was the period between neoabsolutism and another provisorium, a period of “limited constitutionalism”. Under such conditions it was not possible to meet the formalities of official legislation process. Thus PJR could become binding only de facto – through the power of persuasion. However, after a corpus of case law began to consolidate during several years, it could be argued that the PJR was transformed from the actual source of judicial decision-making into customary law.
Dunja Pastović, Filip Hameršak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 485 - 505
https://doi.org/10.4467/20844131KS.14.036.3101The authors approach the topic of editing and publishing primary legal-historical sources from the perspective of Croatian legal history as an academic discipline. Based on the earlier texts by Jakov Stipišić and Ivan Filipović, the first part of the text discusses several possible approaches towards the editing and publishing of documents, showing that critical intellectual activity is required already when the initial scope and mode of selecting and preparing the sources is decided upon. As a consequence, editing and publishing priorities are more or less directly connected to the particular interests and general methodological presumptions shared by the archivists, librarians and (legal) historians of a given society. The second part of the text – based on the works of Stjepan Antoljak, Zrinka Nikolić-Jakus, Mladen Ančić and personal insight – is thus dedicated to the most significant or illustrative (either in a positive or a negative way) source-editing and publishing projects on what is today the territory of the Republic of Croatia, in as much as some of them were influenced not only by strictly scientific, but also by political or ideological reasons. Pre-modern as well as modern and recent legal acts and other historical sources, including those typical of popular oral culture, are taken into account here. Finally, the authors reflect on the possible future of great editing projects, fearing that digitalization is only an incomplete answer to the precarious status of humanities and (historic) social sciences.
Pavel Krafl
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 507 - 516
https://doi.org/10.4467/20844131KS.14.037.3102The study presents scholarly editions of legal-historical sources published in the Czech Republic after 1990. The study of legal history is narrowly connected with the auxiliary sciences of history. This situation particularly concerns the history of the Middle Ages and the early modern period, but modern legal history also has contact points with these auxiliary sciences. Of particular importance is the close connection with diplomatics and codicology. Sources of a diplomatic nature include documents, office books, and files. Sources of a codicological nature include legal artifacts that have survived in manuscripts of a personal character or were issued in incunabula and old prints. They concern legal collections, legal codes, and synodical statutes. The legal-historical artifacts in the article are divided into artifacts of land law, municipal law, mining law and ecclesiastical law. a paper on editions of documents and letters precedes.
Iwona Barwicka-Tylek, Jacek Malczewski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 517 - 525
https://doi.org/10.4467/20844131KS.14.038.3103The article discusses the current state of edition of legal historical sources in Poland from the perspective of historians of political and legal thought. The authors begin by explaining the idea and scope of „source base”specific to their field of research. Three following issues are discussed later: (a) translation of foreign sources into Polish; (b) critical (re)edition of classic Polish texts in political thought; (c) edition of 20th century documental sources by the Institute of National Remembrance and The KARTA Centre. The authors make a number of comments and requests concerning the subject of discussion.
Wacław Uruszczak, Arleta Adamska-Sałaciak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 527 - 540
The text presented below is an illustration of the history of the editing of legal historical sources in Poland. a special research team for planning the editing of legal sources was assembled by the Committee of Legal Sciences of the Polish Academy of Sciences. The head of the team, Dr. Adam Vetulani, worked out a complex program for the editing of sources. The sources had been classified into various categories: land law, rural law, municipal law, and legal acts from the first part of the 19th century. Dr. Vetulani presented five main tasks in particular: 1) continuation of the editing of Corpus Iuris Polonici (the most important edition; includes fundamental legislative and governmental acts from the Middle Ages and the early modern period); 2) continuation of the editing of medieval Statutes of Casimir the Great; 3) continuation of the editing of the records of rural courts, 4) the editing of municipal legal acts; 5) the editing of legal acts from the beginning of the 19th century, i.e. from the advent of capitalism in Polish territory. The article published in this issue of “Cracow Studies of Constitutional and Legal History” (W. Uruszczak, M. Mikuła, Les editions des sources historiques et juridiques en tant que bien culturel national polonais) shows how many plans have been fulfilled. The work also included information on the rules used for editing the Statutes of Casimir the Great. The text of his presentation is a typescript and is kept at the Chair of Polish Legal History at the Jagiellonian University.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 541 - 544
Janusz Łosowski, Documentation in the Lifes of Peasants in Old-Polish Period. Culture History Study, Olech Publishing House, Lublin 2013, 400 p.
The reviewed book of Janusz Łosowski attempts to investigate the importance of written documentation in the life of peasants in the Polish-Lithuanian Commonwealth in the 16th–18th centuries, especially in the lands of the Polish Crown, basing mostly on the sources concerning Lesser Poland (Małopolska). The study of Łosowski has been based upon extensive and thorough archive query, including very interesting groups of sources (some of them excerpted in the annexes). It attempts to deepen the knowledge of early modern legal culture and mentality of peasant societies.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 545 - 548
„Coram iudicio”. Studies of Legal Culture in Towns in Late Medieval Poland, ed. Agnieszka Bartoszewicz, DiG Publishing House, Warszawa 2013, 166 p.
„Coram iudicio”. Studies of Legal Culture in Towns in Late Medieval Poland, edited by Agnieszka Bartoszewicz is composed of four texts, the subject of which is the legal culture in Late Medieval Cracow, Lublin, and Warsaw. In his article entitled Ipsa civitas habundat furibus: Criminals and criminality in Late Medieval Cracow Maciej t. Radomski first presents the organizational structure of judicature in Cracow, then follows with a description of various criminals as individuals, (e.g. thieves, pickpockets, robbers, forgers, and rapists), reviewing their social backgrounds as well as their modus operandi. Krzysztof Mrozowski in his article Suburbanites of Old Warsaw in the latter Middle Ages (1500–1526) offers an insight into the structure of Warsaw’s suburbs. He characterizes the architecture of the places as well as the people who lived there. Miłosz Resztak in his text Studies on legal culture in the Lublin town chancellery’s activity in the Late Middle Ages analyses particular aspects of the city chancellery in Lublin. First, he focuses on status denotations in the examined book. Then he characterized the role of Polish-language words in the books of the records from Lublin. In Wojciech Patronowicz’s article Lublin citizens’ everyday life in the 1408–1532 wilkürs perspective the author presents the aspects of medieval city life regulated by the afore-mentioned wilkürs: administration, security, and trade and craftsmanship, as well as the organizational structure
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 549 - 550
Daniel Wojtucki, The Hangman and His Workshop in Silesia, Upper Lusatia, and Kladsko County from the Beginning of the 16th to the Mid- 19th Century, DiG Publishing House, Warszawa 2014, 559 p.
In his monograph The Hangman and His Workshop in Silesia, Upper Lusatia, and Kladsko County from the Beginning of the 16th to the Mid – 19th Century Daniel Wojtucki presents the profession of executioner. Having analysed historical sources, the author comprehensively characterizes the work of the executioner in the broad social context. He describes the profession on the background of the executioner’s family and presents a common approach to such a job. Particularly worth mentioning were some of the extraneous activities that the executioner took up and the collaborators with whom he cooperated. According to legal aspects, the author described the procedure for execution of a sentence as well as tools used in the executioner’s work. As an appendix, the author attached biographies of various executioners.
Wacław Uruszczak, Arleta Adamska-Sałaciak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 527 - 540
The text presented below is an illustration of the history of the editing of legal historical sources in Poland. a special research team for planning the editing of legal sources was assembled by the Committee of Legal Sciences of the Polish Academy of Sciences. The head of the team, Dr. Adam Vetulani, worked out a complex program for the editing of sources. The sources had been classified into various categories: land law, rural law, municipal law, and legal acts from the first part of the 19th century. Dr. Vetulani presented five main tasks in particular: 1) continuation of the editing of Corpus Iuris Polonici (the most important edition; includes fundamental legislative and governmental acts from the Middle Ages and the early modern period); 2) continuation of the editing of medieval Statutes of Casimir the Great; 3) continuation of the editing of the records of rural courts, 4) the editing of municipal legal acts; 5) the editing of legal acts from the beginning of the 19th century, i.e. from the advent of capitalism in Polish territory. The article published in this issue of “Cracow Studies of Constitutional and Legal History” (W. Uruszczak, M. Mikuła, Les editions des sources historiques et juridiques en tant que bien culturel national polonais) shows how many plans have been fulfilled. The work also included information on the rules used for editing the Statutes of Casimir the Great. The text of his presentation is a typescript and is kept at the Chair of Polish Legal History at the Jagiellonian University.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 541 - 544
Janusz Łosowski, Documentation in the Lifes of Peasants in Old-Polish Period. Culture History Study, Olech Publishing House, Lublin 2013, 400 p.
The reviewed book of Janusz Łosowski attempts to investigate the importance of written documentation in the life of peasants in the Polish-Lithuanian Commonwealth in the 16th–18th centuries, especially in the lands of the Polish Crown, basing mostly on the sources concerning Lesser Poland (Małopolska). The study of Łosowski has been based upon extensive and thorough archive query, including very interesting groups of sources (some of them excerpted in the annexes). It attempts to deepen the knowledge of early modern legal culture and mentality of peasant societies.
Kacper Górski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 545 - 548
„Coram iudicio”. Studies of Legal Culture in Towns in Late Medieval Poland, ed. Agnieszka Bartoszewicz, DiG Publishing House, Warszawa 2013, 166 p.
„Coram iudicio”. Studies of Legal Culture in Towns in Late Medieval Poland, edited by Agnieszka Bartoszewicz is composed of four texts, the subject of which is the legal culture in Late Medieval Cracow, Lublin, and Warsaw. In his article entitled Ipsa civitas habundat furibus: Criminals and criminality in Late Medieval Cracow Maciej t. Radomski first presents the organizational structure of judicature in Cracow, then follows with a description of various criminals as individuals, (e.g. thieves, pickpockets, robbers, forgers, and rapists), reviewing their social backgrounds as well as their modus operandi. Krzysztof Mrozowski in his article Suburbanites of Old Warsaw in the latter Middle Ages (1500–1526) offers an insight into the structure of Warsaw’s suburbs. He characterizes the architecture of the places as well as the people who lived there. Miłosz Resztak in his text Studies on legal culture in the Lublin town chancellery’s activity in the Late Middle Ages analyses particular aspects of the city chancellery in Lublin. First, he focuses on status denotations in the examined book. Then he characterized the role of Polish-language words in the books of the records from Lublin. In Wojciech Patronowicz’s article Lublin citizens’ everyday life in the 1408–1532 wilkürs perspective the author presents the aspects of medieval city life regulated by the afore-mentioned wilkürs: administration, security, and trade and craftsmanship, as well as the organizational structure
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 549 - 550
Daniel Wojtucki, The Hangman and His Workshop in Silesia, Upper Lusatia, and Kladsko County from the Beginning of the 16th to the Mid- 19th Century, DiG Publishing House, Warszawa 2014, 559 p.
In his monograph The Hangman and His Workshop in Silesia, Upper Lusatia, and Kladsko County from the Beginning of the 16th to the Mid – 19th Century Daniel Wojtucki presents the profession of executioner. Having analysed historical sources, the author comprehensively characterizes the work of the executioner in the broad social context. He describes the profession on the background of the executioner’s family and presents a common approach to such a job. Particularly worth mentioning were some of the extraneous activities that the executioner took up and the collaborators with whom he cooperated. According to legal aspects, the author described the procedure for execution of a sentence as well as tools used in the executioner’s work. As an appendix, the author attached biographies of various executioners.
Wacław Uruszczak, Arleta Adamska-Sałaciak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 405 - 417
https://doi.org/10.4467/20844131KS.14.030.3095The sources of legal history illustrate the functioning of state structure and the society à trawers les âges. They are doubtless cultural heritage and value. One can view them through prism that is: 1) historical; 2) cognitive; 3) cultural. It is worthwhile to note that a well-prepared edition of the sources of that type facilitates smuggling their cognitive and cultural values. The editing of the sources cannot be replaced by a digitalization of the archives. Of course, the digitalization is needed (since it provides better protection of the archives than the microfilms do, and facilitates the access to the source material). However it cannot replace the function of source editing. The latter, in fact guarantees their the cognitive and cultural aspects of the source material will be brought to light. When edited, the sources material is not only the tool, it turns also into a cultural value. The first Polish editions of sources of legal history were prepared in the 18th century. These were: Volumina Legum (a collection of parliamentary acts), and the edition of international treaties compiled by Maciej Dogiel. The material they contained was still in use in legal practice of the 18th century. In the 19th century the growth of interests in the Poland’s past was stimulative of further editions of sources. They were published in several series. Thus Antoni Zygmunt Helcel established a series Starodawne prawa polskiego pomniki while the Polish Academy of Arts and Sciences printed Archiwum komisji prawniczej. Both series continued publishing the main legal acts and also those illustrative of legal practice from the 13th through 18th centuries. There were also some sources printed beyond the scope of these two series. The efforts of A.Z. Helcel, R. Hube, B. Ulanowski, F. Piekosiński, M. Bobrzyński, S. Kutrzeba and O. Balzer in source exploring were continued after World War II. Those engaged in this work were above all the researchers from Kraków, Warszawa, Poznań. The second series of Starodawne prawa polskiego pomniki was due to the initiative of the Polish Academy of Science, its editor-in-chief being professor Adam Vetulani. Following 1989 it is in the Chair of Polish Legal History at the Jagiellonian University that the task of source editing is continued. It has been for 15 years now that Professor Stanisław Grodziski and his co-workers are engaged in publishing Volumina Constitutionum which is a modern version of the edition of the parliamentary acts of the old-Polish nobiliary Republic. In this millieu it was also Ludwik Łysiak and Karin Nilsen von Stryk who were responsible for publishing the court records illustrative of the cases between 15th through 16th centuries. Professor Wacław Uruszczak and his collaborators were, in their turn, busy editing criminal court records between 16th through 18th centuries.
Heinz Mohnhaupt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 419 - 432
https://doi.org/10.4467/20844131KS.14.031.3096This paper examines the history and contemporary practice of the edition of privileges in the context of the term “source of law”. In all legal systems, the term “source of law” has a quality of normative power or of authority for the decision-making processes. In this sense, the research question decides about their property as sources of law.
This raises the question of the content and function of privileges in the history of law. While the individual and special privilegia form a contrast to common law or general legislation as leges privatae, on the other hand, they are also part of the greater category of law and legislation in general. This accounts for their enormous instrumentality in the creation of legal systems. Privileges may extend to all matters of private and public law (economy, trade, invention, jurisdiction, constitution, rights of estates etc.). They have appeared as a mass phenomenon since the Middle Ages. The different characteristics of the sources in turn connote both problems and possibilities for their edition, both in the past and the present. Different forms and functions of their publication and edition can be distinguished for the Ancien Régime. Publications of privileges of estates often served political interests, the publication of private-law privileges, thus, served to protect individual legal positions and their probability in court.
Today, the edition of privileges is determined by the research objectives in European legal history and, in the face of the mass phenomenon of this type of source, is hampered by the problem of criteria for their selection. Editions on the jurisdiction and economic development in the Old Reich have been published in Germany and Austria in recent years (1980, 1981). They attest to the traditional power of privileges and show the important meaning for the ordering and shaping of law up until the 19th century.
Philippe Nélidoff
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 433 - 445
https://doi.org/10.4467/20844131KS.14.032.3097It is for a long time now that legal historians have been interested in the paths along which the French law used to be created. It is true that the learned law (the Roman law as well as the Canon law) played a significant role in variety of fields. However the commonly applied customary law which slowly used to emerge due to the official compilations of customs as ordered by the Royal Ordinance of Montils-les-‑Tours (1454) and materialized in the 16th century, in the same way as the teaching of law – commenced worth the ordinances inspired by the royal professors of the French law. They often were the experienced advocates or judges who appeared at the same time at which the Ordinance of Saint-Germain was issued (1679) and they considerably contributed to the erection of the edifice of law, the one that was crowned with the Napoleonic codifications. What should not fall into oblivion is the role of the decisions of parliaments and the docrine bound with it, the decisions and the doctrine being inseparable in practice. While viewing the problem through that prism it is indispensable to study the role of arretistes, i.e. the judges and the advocates, experts in the practice of law, who published the compilations of judgements. They not only presented the most important court decisions but they additionally commented on them. The compilations doubtless make up a part of a larger collection (corpus) of law literature. The latter includes also the authors of legal studies such as law dictionaries, collections of legal styles and those devoted to civil law procedure, commentaries of customs and the authors of complaints. Those sources recorded in the written form a substantial part of legal act which in its essence is oral. However hundreds of collections of that type derived from the entire France of the 17th and 18th centuries have not been identified until now. On the Parliament of Toulouse it was possible to identify sixteen arrêtistes, which puts this Parliament at the second place after that atrributed the Parliament of Paris and ahead of Parliaments of Bretagne (10) and Provence (9). This position corresponds to the time of its origin (1444), the scope of its competence and the number of cases subjected to its cognition. The aforementioned collections, fully private, were often postnumously published and therefore were remote from the time with which they were concerned. On the other hand, as regards their 17th and 18th centuries editions, they were repeatedly republished. These works were highly erudite and referred to variety of matters, apart from those that dealt with penal law. It is difficult to determine the extent to which the discussed law literature had its influence on the decisions of Parliaments. It seems that the advocates had this kind of registers of cases for their own use and exploited them while engaged in the judiciary. The editing in Toulouse in 1831 by Jean-Baptiste Laviguerie of the previously non-published decisions of the Toulouse Parliament testifies to the long-lived value of this kind of sources of law. They survived the time of the Revolution and the Napoleonic codification activities.
Christine Mengès-Le Pape
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 447 - 453
https://doi.org/10.4467/20844131KS.14.033.3098The men of the Enlightenment embarked upon a big project of publishing legal work of encyclopedic and popularizing nature. It was in one of such works the Repertoire, that Joseph-Nicolas Guyot explained twofold reason of the publication. His book was planned to be above all a kind of compendium of judicial decisions that was designed to arouse interest of the judges of all courts and practitioners, those who wished to learn of their duties and rights as well as those who wanted to have their share in the reforming of the judiciary that was being prepared by the doctrine. According to Guyot, his work intended also to educate the parties involved in the court proceedings. In the foreword Guyot wrote: The dispute comes to being as a result of ignorance of law and it frequently causes the ruin of the family that institutes an unfair trial. The articles printed in some dictionaries and registers of cases were characterized by new methods of obtaining information. Thanks to the commentaries found there in the old collections of judgments, often limited to simple publication of judicial decisions, drifted to the foreground. It was in the spirit of Enlightenment that legal definitions were equipped with a wide description which compiled variety of information. And since it was suitable to drop ignorance and legal diversity that permeated the Kingdom, the publications of the time compiled definitions, facts and quotations extracted from the works of the most eminent advocates. Such method was also close to that followed by Joseph-Nicolas Guyot. In the terminology that he exploits there may be perceived the influence of great parliamentarians of the century, particularly that of Montesquieu. There was an attempt made to provide each entry with clear and precise explanations, those that corresponded with the spirit of royal decrees and the sources derived from the most pure doctrine. In the registers of the decline of Ancien Regime there could be found the progressive image of history, saturated with the novelties and the idea of progress. But this was not tantamount to the dropping of the experience of the past. Thanks to the encyclopedic publications the historicity of law was coupled with the practical objective of these works. The progress could mean only the improvement of law.
Laurent Waelkens
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 455 - 462
https://doi.org/10.4467/20844131KS.14.034.3099Belgium became independent in 1830. In this constitutional monarchy, legal norms would find their place in a hierarchy of norms of which the constitution formed the pinnacle. In practice, the country renewed only a part of its legal norms. Many sources predating 1830 remained in force. Which ones? Which measures did they include? With the aim of putting these anciennes lois et ordonnances in order, a Royal Decree of 18 April 1846 established a royal Commission for Old Laws and Ordinances of Belgium (Commission royale des anciennes lois et ordonnances de Belgique), which was composed of politicians and professors of law faculties. Initially, the Commission was at the service of judicial practice. Its activities were considerably diminished by the First World War and it was only in 1950 that it took up its full range of activities again. At that time, the Commission was invested in exclusively by legal historians, who reoriented it to serve the science of legal history. Since 1846, the Commission has decided to divide the publication of legal texts into three collections: the ordinances, the customaries, and the treaties. In each division, it distinguished between acts regarding the old Netherlands and those regarding the Principalities of Liège, Stavelot, and Bouillon. The volumes concerning Liège, Stavelot, and Bouillon were finished in 1878. The publication of the ordinances of the other territories were organised into three series: (1) the Burgundian period (1381–1506), (2) the Habsburg and Spanish period (1506–1700), and (3) the Austrian period (1700–1794). The series concerning the Austrian period was completed in 1942. For the second series, the ordinances of Philip II are still being dealt with. Work on the first series was only begun in the twentieth century and the editors have reached the period of Philip the Good (who died in 1467). The publication of customaries was divided into thirteen series according to the old principalities of the Southern Netherlands which were situated in the current territory of Belgium. The jurisprudence of the courts of justice that were submitted to the homologation of the Great Council of Malines between the seventeenth and eighteenth centuries was edited first. Currently, eighty quarto volumes have been published. Two volumes of homologated customaries remain to be published. In the meantime, the Commission has added older documents to its field of action, which allow the following of the evolution of customary law at the end of the Middle Ages. There are, for example, volumes dedicated to appeals to the Parliament of Paris against the Council of Flanders, published starting from Parisian files. The third series has never been started, as the Commission provisionally abandoned the publication of the treaties of the old principalities. The Commission also edits the Bulletin of the Royal Commission for Old Laws and Ordinances of Belgium (Bulletin de la Commission royale des anciennes lois et ordonnances de Belgique), which appears sporadically. In this Bulletin, one finds preparatory studies concerning the editing of legal sources and the editions of texts which are too short to merit an entire volume. Without the Bulletin, the entire set of the Commission’s publication consists of about two hundred and fifty quarto volumes and about twenty octavo volumes.
Tomáš Gábriš
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 463 - 483
https://doi.org/10.4467/20844131KS.14.035.3100The paper explains the methodology applied in the edition of historical legal sources of major importance for the 19th and 20th centuries Slovakia – the edition of the Provisional Judicial Rules (“PJR”) of the Judex-Curial Conference of 1861. At the Conference, legal scholars and politicians adopted a decision to abandon the previous twelve years of neoabsolutism and centralism introduced by the Austrian law, and opted for a renewal of the traditional Hungarian legal system with some changes introduced by the laws of March 1848 (the March Constitution of 1848). At the same time they retained some rules of Austrian origin and created some rules that were entirely new, particularly in the field of civil procedural law and inheritance law. While evaluating the legal nature of the PJR, the literature used to claim that they never became law because Parliament of 1861 was not created legally (representatives were not elected under the electoral law enacted as part of the March Constitution of 1848) and because the monarch, Francis Joseph I, had not yet been crowned (his coronation took place in 1867). Therefore the legislative process could not be successfully completed. The only solution that was reported to was the recognition of the exceptional situation which dominated in Hungary between 1861–1867 – it was the period between neoabsolutism and another provisorium, a period of “limited constitutionalism”. Under such conditions it was not possible to meet the formalities of official legislation process. Thus PJR could become binding only de facto – through the power of persuasion. However, after a corpus of case law began to consolidate during several years, it could be argued that the PJR was transformed from the actual source of judicial decision-making into customary law.
Dunja Pastović, Filip Hameršak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 485 - 505
https://doi.org/10.4467/20844131KS.14.036.3101The authors approach the topic of editing and publishing primary legal-historical sources from the perspective of Croatian legal history as an academic discipline. Based on the earlier texts by Jakov Stipišić and Ivan Filipović, the first part of the text discusses several possible approaches towards the editing and publishing of documents, showing that critical intellectual activity is required already when the initial scope and mode of selecting and preparing the sources is decided upon. As a consequence, editing and publishing priorities are more or less directly connected to the particular interests and general methodological presumptions shared by the archivists, librarians and (legal) historians of a given society. The second part of the text – based on the works of Stjepan Antoljak, Zrinka Nikolić-Jakus, Mladen Ančić and personal insight – is thus dedicated to the most significant or illustrative (either in a positive or a negative way) source-editing and publishing projects on what is today the territory of the Republic of Croatia, in as much as some of them were influenced not only by strictly scientific, but also by political or ideological reasons. Pre-modern as well as modern and recent legal acts and other historical sources, including those typical of popular oral culture, are taken into account here. Finally, the authors reflect on the possible future of great editing projects, fearing that digitalization is only an incomplete answer to the precarious status of humanities and (historic) social sciences.
Pavel Krafl
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 507 - 516
https://doi.org/10.4467/20844131KS.14.037.3102The study presents scholarly editions of legal-historical sources published in the Czech Republic after 1990. The study of legal history is narrowly connected with the auxiliary sciences of history. This situation particularly concerns the history of the Middle Ages and the early modern period, but modern legal history also has contact points with these auxiliary sciences. Of particular importance is the close connection with diplomatics and codicology. Sources of a diplomatic nature include documents, office books, and files. Sources of a codicological nature include legal artifacts that have survived in manuscripts of a personal character or were issued in incunabula and old prints. They concern legal collections, legal codes, and synodical statutes. The legal-historical artifacts in the article are divided into artifacts of land law, municipal law, mining law and ecclesiastical law. a paper on editions of documents and letters precedes.
Iwona Barwicka-Tylek, Jacek Malczewski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 3, Volume 7 (2014), pp. 517 - 525
https://doi.org/10.4467/20844131KS.14.038.3103The article discusses the current state of edition of legal historical sources in Poland from the perspective of historians of political and legal thought. The authors begin by explaining the idea and scope of „source base”specific to their field of research. Three following issues are discussed later: (a) translation of foreign sources into Polish; (b) critical (re)edition of classic Polish texts in political thought; (c) edition of 20th century documental sources by the Institute of National Remembrance and The KARTA Centre. The authors make a number of comments and requests concerning the subject of discussion.
Publication date: 14.11.2014
Issue Editors:
Volume Editors: Wacław Uruszczak, Dorota Malec, Andrzej Dziadzio, Maciej Mikuła
Krystyna Chojnicka
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 201 - 216
https://doi.org/10.4467/20844131KS.14.015.2256Małgorzata Moras
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 217 - 236
https://doi.org/10.4467/20844131KS.14.029.2270Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 237 - 244
https://doi.org/10.4467/20844131KS.14.016.2257Wojciech Witkowski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 245 - 262
https://doi.org/10.4467/20844131KS.14.018.2259In modern times the subject of penal fiscal law, similarly as that of penal military law, holds a special status within the broadly understood branch of penal law. The beginnings of penal fiscal law are associated with the history of penal administrative law. The institution of the police in Europe took over the majority of the tasks concerning security and public order. The same system was also introduced in Prussia in the 18th century. The Prussian police dealt with the so called “police offences”, to which there also belonged fiscal offences, often referred to as “contraventions”. They were defined in the Prussian Landrecht (general code of law), as well as in specific provisions. Altogether, they made up a system of penal and administrative offences. Besides the French (judicial) and Austrian (judicial-administrative) model, there also arose a Prussian penal-administrative system which had an intermediary character; in the latter system, the above types of offences were handed over to the competence of administration with the option of vindicating one’s rights in a suitable court of law. In the 18th c. Prussia, the penal-fiscal offences belonged to the competence of Kammerjustiz which applied a court procedure. The Warsaw Duchy had standardized the penal fiscal law by adopting the Prussian model – penal and fiscal offences were left to the competence of administrative institutions, with the option of making an appeal in court. At the same time, substantive law, based on Prussian legislation, was applied. On the territory of the Kingdom of Poland, administration had been reorganized, leaving the penal fiscal cases in the hands of the administration. However, in everyday practice the right to vindicate one’s rights in a court of law had been retained. The system had been altered in 1824 in consequence of which court proceedings in courts of second instance had been done away with and some cases had been referred to the so called administrative penal courts. This model operated until 1867, though it was modified a number of times, for instance in connection with the abolition of customs borders with Russia in 1850. Substantive law was based on the legislative system of the Warsaw Duchy of 1809; the latter had been supplemented by special provisions. The defeat of the January uprising had led to the introduction of Russian regulations on the territory of the Kingdom of Poland
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 263 - 272
https://doi.org/10.4467/20844131KS.14.019.2260The university career of Józef Reinhold had not been particularly long, as it lasted merely ten years (1918–1928). Due to his premature death at the age of 44, he occupies a rather peripheral place among the luminaries of Polish penal law, remaining in the shadow of such famous professors as: Edmund Krzymuski, Juliusz Makarewicz or Józef Rosenblatt. Yet the academic achievements of Józef Reinhold, and particularly his paper entitled Preventive Measures Against Criminal Offenders published in 1913, puts him among the ranks of the precursors of a sociological approach to the Polish penal law in the 20th century. He was also the first propagator of criminal policy on Polish territories which he regarded as a separate discipline of law. Thanks to the academic research conducted by Józef Reinhold, the sociological approach to criminal law had been more widely recognized on Polish territories which found its most tangible reflection in chapter XII (“Preventive measures”) of the Polish Penal Code of 1932. However, the merits of Józef Reinhold in propagating the principles of the sociological approach to criminal law had been overshadowed by the academic achievement of Julisz Makarewicz, the author of the Polish penal code. A considerable part of Józef Reinhold’s professional career was associated with the Krakow jurisdiction (1910–1921). Contrary to his colleagues, fellow professors and masters, Józef Reinhold was not “a boisterous character and was always characterized by moderation”. This trait of his character may be one of the reasons why in the history of the Polish science of law and in the history of Polish Jews, professor Reinhold did not find a deserving place which was definitely due to him, taking into consideration his original and creative academic output, and the attitude of a “good, talented Jew as well as a staunch defender” of Judaism.
Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 273 - 286
https://doi.org/10.4467/20844131KS.14.017.2258The Sodality movement has been initiated in the 16th c. and it was around then that the first sodality organizations were created in Poland. The Sodality of Our Lady for Women Students and Female Participants of Higher Courses in Krakow was founded in 1906; it co-created the Krakow sodality movement in the interwar period together with the Sodality Movement of the Academicians at the Jagiellonian University, the Sodality Movement of the Academicians of the Academy of Mining and the Sodality Movement of the Students of the Higher Commercial College in Krakow. In 1925 the Sodality of Our Lady for Women Students and Female Participants of Higher Courses in Krakow became transformed into the Sodality of Our Lady for Women Academicians and when the ruling concerning academic associations was introduced in 1933, the organization had changed its name into: Sodality of Our Lady for Women Students of the Jagiellonian University in Krakow. The latter organization had laid special emphasis on religious instruction and spiritual formation of its female members, which is a characteristic feature of all sodality movements. But apart from the activity which was focused on the spiritual sphere, the Sodality movement also provided assistance in the strictly material sphere both to sodality members and persons from outside the organization – among others, to children, those in need of material aid or the sick who were undergoing treatment in St. Lazarus or St. Ludwig Hospitals in Krakow.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 287 - 298
https://doi.org/10.4467/20844131KS.14.025.2266Among those who claimed a divorce the years 1918–1945 in the District Court in Krakow, were mainly those for whom it was the first marriage that they wished to dissolve. The number of other cases, that is spouses for whom it was the second or else a successive marriage, amounted to around 13%. Generally, we can talk of five (or maybe six) cases of divorce proceedings between spouses whose previous marriages ceased to exist in the effect of a divorce. Taking into consideration the sex of the spouses claiming for divorce, one should observe that in three cases it was women whose previous marriages had ceased in the effect of a divorce, who were now asking for divorce (Cg I 687/21, I Cg 259/30 and I C 301/43), in two cases it was men (I C 1163/35, I C 114/40) and in one case, both spouses had already been divorced before (I C 442/39). It turns out that five out of six cases had ended in a divorce judgment (I Cg 259/30, I C 1163/35, I C 442/39, I C 301/43 and I C 114/40), and one case ended in a withdrawal of the petition for divorce and a discontinuance of legal proceedings (Cg I 687/21).
Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 299 - 316
https://doi.org/10.4467/20844131KS.14.021.2262The article concerns penal – administrative procedure used by administrative organs in the Second Republic of Poland, from which derives the current transgression procedure. Before the unification in 1928 there were four legal systems regulating transgression procedures. In the 1918–1928 period additional complications of legal system emerged because of lack of consistency in penal – administrative legislation. The article presents sources of law on transgression procedure before and after 1928, outlines the course of administrative procedure in penal cases and describes the possibilities of judicial control over administrative jurisdiction of both common and administrative courts. The article presents also the problems connected with interpretation of penal – administrative regulations in the Supreme Court’s jurisdiction.
Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 317 - 322
https://doi.org/10.4467/20844131KS.14.022.2263On the political-legal plane, the direct consequence of the May coup organized by Józef Piłsudski in 1926 was an amendment of the March constitution of 1921. The above amendment was commonly referred to as the August amendment from the name of the month in which the two laws changing the constitution had been passed (2 August 1926). The core of the August amendment consisted in a strengthening of the position of the executive organs of the state at the expense of the Diet and the senate. The president obtained the right to dissolve parliament before the end of its term, following the motion of the ministers’ council. Moreover, the president obtained the prerogatives to pass resolutions with the power of parliamentary laws and obtained new budgetary prerogatives. Parliament, on the other hand, became restricted as regards its powers to pass a no confidence vote towards the Ministers’ Council or any individual minister. The political conceptions implemented by the interwar government aimed at doing away with the principle of a tri-partite division of state power in favor of a concentration of power in the hands of the state’s president. The above conception had been fully realized in the new constitution of the Republic of Poland of 1935.
Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 323 - 334
https://doi.org/10.4467/20844131KS.14.023.2264Today, the nature and consequences of the so-called elimination of the Kulak class and collectivization of peasantry in the 20s and 30s in the USSR are already known. Less known is the fact that another mass repression of the so-called Kulaks followed in 1937. On July of 1937, the Politburo of the communist party ordered to “arrest immediately all Kulaks […] and after an administrative examination of their cases by a troika, execute by firing squad the most hostile,” those less reluctant were to be locked up in forced-labour camps. The genocidal repressions were included in central planning – a quota for each region was established. On the basis of the above-mentioned Politburo order, the then People’s Commissar (NKVD), Nikolai Yezhov, gave order no. 00447 On repression of former kulaks, criminals, and other anti-Soviet elements, on the 30th July 1937. It was planned that 268 950 people were to be arrested, including 75 950 to be executed, but this list was incomplete and was later on supplemented; avid regions applied for increasing the quota and considerably surpassed the number of planned arrests, executions and deportations to labour camps.
Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 335 - 378
https://doi.org/10.4467/20844131KS.14.024.2265The Promethean movement in the policy of II Republic of Poland consisted in offering support to the independence movements and strivings of the peoples making up the then Soviet Union. With active participation of the Ministry of Foreign Affairs (henceforth referred to as: MFA), II Branch of the General (Main) Command – intelligence services and a number of research institutes, close contacts had been maintained with the émigré governments and politicians representing various nations of the Soviet Union. In recent years, the pressure of current policy has led to a renewed interest in issues relating to Prometheism, which brought about a crop of a number of valuable papers devoted to the interwar period. A lot has already been written about the Promethean movement following the end of the Second World War. Yet relatively little has been written about the war-time history of the movement. The documents presented below are associated with the war period, following the Soviet invasion of Finland. Among the circles of the French and British staff officers there even appeared a conception of bombing the oil fields in the Caucasus – naturally taking advantage of the Turkish airspace and the French military bases on the territory of Syria. It was thought that the subjugated nations in the Caucasus would then rise up against their oppressor. It was in such an atmosphere that a meeting between the representatives of the Caucasian nations and W. Bąkiewicz, which constitutes the subject-matter of analysis contained in the first of the published documents, took place in Istanbul. The second document is a translation of the treaty of the Caucasian Confederacy whereas the third document dates back to the autumn of 1940 and constitutes a commentary to the memorial concerning Promethean issues submitted by a reporter and Promeathean activist W. Pelc; the commentary had been written by Prof. Olgierd Górka, an expert of the Polish government in exile specializing in ethic issues. The above documents are associated with a rather peculiar and paradoxical situation which arose after the fall of the Polish state when for a brief period a time, thanks to propitious political circumstances, Prometheism had a chance to succeed. The conception was to have been realized in cooperation with the allies – France and Great Britain; the pact between Poland and the Allies was to have been directed against the totalitarian Soviet system and indirectly against the Nazi system. However a change of the international situation had quickly made the realization of these plans impossible.
Józef Ciągwa
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 349 - 364
https://doi.org/10.4467/20844131KS.14.026.2267The Slovak aggression on Poland in September 1939 had led to an incorporation of 14 villages situated in Upper Spiš, the so called Zamagurie, into the Slovak state. The parishes which were situated on this territory (functioning as the Spiš Deanery in the Polish Church administration) had passed to the jurisdiction of the Spiš bishop, having previously been excluded from subordination to the Krakow archbishop. Six Polish priests had remained on their posts until April 1940. The priestly services performed by them caused numerous legal problems. An example of such problems may be the provisions of the personal marriage law which remained in force in Slovakia, particularly as regards the civil-legal effectiveness of the marriages contracted before Polish priests; in view of these provisions, such marriages were considered invalid, unless the priest had taken an oath of allegiance to the Slovak state. The situation of the Polish priests had led to arguments between the bishop metropolitan of Krakow Adam Sapieha and the Slovak church hierarchs or else the Slovak lay authorities. Contrary to the widespread opinion to be found in Polish research as well as in the popular opinion, the Polish priests who had been deprived of their parishes were not at all mistreated. They returned to the General Gouvernement or else were also placed in Slovak monasteries. Repressions directed against Polish priests concerned above all their negative attitude towards the Slovak state and the local population. In the years 1940–1945, it was the Slovak priests who were in charge of the Spiš parishes. After Upper Spiš had been taken over by the Polish army, the Slovaks, including the priests, were subjected to repressions. The example of priest Franciszek Móš who, following a few months spent in custody, was subsequently expelled from Poland, is not an isolated case. By the end of 1945, the Slovak priests had left the territories which were taken over by Poland. After taking over the recovered parishes, the Polish priests discriminated against Slovak parishioners, among other by making it difficult for them to perform the religious rites in the Slovak language. Such conduct was the cause of the complaint lodged by the Consul General of Czechoslovakia with the Polish authorities. The attitude of the Polish priests was on the whole accepted by the Polish church hierarchy, including the bishop metropolitan Adam Sapieha.
Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 365 - 368
https://doi.org/10.4467/20844131KS.14.020.2261Professor Dr. Michał Patkaniowski (1907–1972), a distinguished professor at the Faculty of Law and Administration of the Jagiellonian University, had deserved his right to fame as an outstanding scholar and efficient organizer of academic life. His silhouette has been presented in numerous biographical notes, including the Polish Biographical Dictionary. Yet what seems particularly worthy of recalling here are his efforts to expand the library collection of the historical and legal chairs. Thanks to his efforts, the collection became enlarged by over 3000 books which had been withdrawn from the libraries of Krakow courts as well as from the libraries of other courts in Krakow’s surroundings.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 369 - 382
https://doi.org/10.4467/20844131KS.14.027.2268The Civic Court in London was brought into existence on the strength of a Presidential decree of 8 September 1950 concerning Civic Courts in Exile. It consisted of a General and a Civic Department. Its main objective was to adjudicate on matters relating to acts that were reprehensible from the point of view of the Polish political exiles, but at the same time indifferent in the light of the British law. The most active period in the operation of the Polish Civic Court in London occurred in the years 1951–1954, that is at a time when it was headed by Stanisław Krause. After the rupture within the Polish émigré circles, the London court remained a presidential organ, although a considerable number of its judges moved to the faction grouped around the Polish Council of Three. This had led to the organizational decline of the court and ultimately to is practical liquidation in the first half of the sixties.
Andrzej Bryk
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 383 - 394
https://doi.org/10.4467/20844131KS.14.028.2269The “culture war” is a term which refers to a fundamental dispute over the identity of western civilization. In the United States it was revealed in the contention concerning anti-communism. Norman Podhoretz and his monthly “Commentary” had played a significant role in it. The above journal, published by the American Jewish Committee was “an offensive outpost” of neoconservatism which was just being created in the USA. The publications related, above all, to topics associated with culture, religion, as well as international politics. The intellectuals associated with the “Commentary” fought against anti-Americanism, leftist-liberal counter-culture and communism. They were criticized by thinkers representing the American radical liberal left who drew on the policy of F.D. Roosevelt, H. Truman and J.F. Kennedy. The neoconservatives criticized the policy of concessions towards the Soviet Union, paving the way for the views and activities of R. Reagan several years later. Relying more on empiricism and “commonsensical” thinking than on a theoretical approach to natural law, Podhoretz and his adherents criticized the conduct of the liberals. As a literary critic and columnist, Podhoretz was known for his rather boisterous and open style of writing. Regarded as a great threat by the progressive left, he undermined the very principles of historical determinism and exclusive legitimization of leftist political views. Although by no means an exception, through his activities he was able to exert an effective influence on the American society. He led to the emergence of phenomena which did not exist in Europe dominated by the so called generation ‘68. The anti-communist rhetoric propagated by Podhoretz had clearly helped R. Reagan in his race to the presidential office. The sources of Podhoretz’ views can be seen in his relationship to literature and art which constitute a reflection of the truth about the humankind. He was opposed to treating them exclusively as a tool, but also rejected their complete autonomy. He valued the moral values rooted in the Judaic religious system and negated the so called “superiority complex” of numerous leftist intellectuals. Such a system of values had exerted a strong impact on his subsequent views, which were strongly publicized in the “Commentary”.
Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 395 - 404
https://doi.org/10.4467/20844131KS.14.012.2253The article discusses the problem of evolution and the premises used in applying the English concept known as promissory estoppel. The birth of this legal concept has been discussed on the example of the most important court cases, the so called leading cases, such as, among others, that of High Trees (1947) and Combe v. Combe (1951), in which it was lord Denning who adjudicated. In the article, the author also analyzes the general principles of invoking promissory estoppel. He indicates that in the course of a court trial it is necessary to prove the existence of a promise, on the basis of which the person who was promised something, while acting in accordance with the common sense, decided to withdraw and by undertaking certain definite steps ultimately suffered a loss, whereas withdrawal on the part of the person making a promise would be unjustified. The author of the paper made an effort to try to answer the question whether the abuse of right clause mentioned in Art. 5 of the Civil Code may be regarded as the Polish equivalent of promissory estoppel.
Krystyna Chojnicka
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 201 - 216
https://doi.org/10.4467/20844131KS.14.015.2256Małgorzata Moras
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 217 - 236
https://doi.org/10.4467/20844131KS.14.029.2270Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 237 - 244
https://doi.org/10.4467/20844131KS.14.016.2257Wojciech Witkowski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 245 - 262
https://doi.org/10.4467/20844131KS.14.018.2259In modern times the subject of penal fiscal law, similarly as that of penal military law, holds a special status within the broadly understood branch of penal law. The beginnings of penal fiscal law are associated with the history of penal administrative law. The institution of the police in Europe took over the majority of the tasks concerning security and public order. The same system was also introduced in Prussia in the 18th century. The Prussian police dealt with the so called “police offences”, to which there also belonged fiscal offences, often referred to as “contraventions”. They were defined in the Prussian Landrecht (general code of law), as well as in specific provisions. Altogether, they made up a system of penal and administrative offences. Besides the French (judicial) and Austrian (judicial-administrative) model, there also arose a Prussian penal-administrative system which had an intermediary character; in the latter system, the above types of offences were handed over to the competence of administration with the option of vindicating one’s rights in a suitable court of law. In the 18th c. Prussia, the penal-fiscal offences belonged to the competence of Kammerjustiz which applied a court procedure. The Warsaw Duchy had standardized the penal fiscal law by adopting the Prussian model – penal and fiscal offences were left to the competence of administrative institutions, with the option of making an appeal in court. At the same time, substantive law, based on Prussian legislation, was applied. On the territory of the Kingdom of Poland, administration had been reorganized, leaving the penal fiscal cases in the hands of the administration. However, in everyday practice the right to vindicate one’s rights in a court of law had been retained. The system had been altered in 1824 in consequence of which court proceedings in courts of second instance had been done away with and some cases had been referred to the so called administrative penal courts. This model operated until 1867, though it was modified a number of times, for instance in connection with the abolition of customs borders with Russia in 1850. Substantive law was based on the legislative system of the Warsaw Duchy of 1809; the latter had been supplemented by special provisions. The defeat of the January uprising had led to the introduction of Russian regulations on the territory of the Kingdom of Poland
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 263 - 272
https://doi.org/10.4467/20844131KS.14.019.2260The university career of Józef Reinhold had not been particularly long, as it lasted merely ten years (1918–1928). Due to his premature death at the age of 44, he occupies a rather peripheral place among the luminaries of Polish penal law, remaining in the shadow of such famous professors as: Edmund Krzymuski, Juliusz Makarewicz or Józef Rosenblatt. Yet the academic achievements of Józef Reinhold, and particularly his paper entitled Preventive Measures Against Criminal Offenders published in 1913, puts him among the ranks of the precursors of a sociological approach to the Polish penal law in the 20th century. He was also the first propagator of criminal policy on Polish territories which he regarded as a separate discipline of law. Thanks to the academic research conducted by Józef Reinhold, the sociological approach to criminal law had been more widely recognized on Polish territories which found its most tangible reflection in chapter XII (“Preventive measures”) of the Polish Penal Code of 1932. However, the merits of Józef Reinhold in propagating the principles of the sociological approach to criminal law had been overshadowed by the academic achievement of Julisz Makarewicz, the author of the Polish penal code. A considerable part of Józef Reinhold’s professional career was associated with the Krakow jurisdiction (1910–1921). Contrary to his colleagues, fellow professors and masters, Józef Reinhold was not “a boisterous character and was always characterized by moderation”. This trait of his character may be one of the reasons why in the history of the Polish science of law and in the history of Polish Jews, professor Reinhold did not find a deserving place which was definitely due to him, taking into consideration his original and creative academic output, and the attitude of a “good, talented Jew as well as a staunch defender” of Judaism.
Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 273 - 286
https://doi.org/10.4467/20844131KS.14.017.2258The Sodality movement has been initiated in the 16th c. and it was around then that the first sodality organizations were created in Poland. The Sodality of Our Lady for Women Students and Female Participants of Higher Courses in Krakow was founded in 1906; it co-created the Krakow sodality movement in the interwar period together with the Sodality Movement of the Academicians at the Jagiellonian University, the Sodality Movement of the Academicians of the Academy of Mining and the Sodality Movement of the Students of the Higher Commercial College in Krakow. In 1925 the Sodality of Our Lady for Women Students and Female Participants of Higher Courses in Krakow became transformed into the Sodality of Our Lady for Women Academicians and when the ruling concerning academic associations was introduced in 1933, the organization had changed its name into: Sodality of Our Lady for Women Students of the Jagiellonian University in Krakow. The latter organization had laid special emphasis on religious instruction and spiritual formation of its female members, which is a characteristic feature of all sodality movements. But apart from the activity which was focused on the spiritual sphere, the Sodality movement also provided assistance in the strictly material sphere both to sodality members and persons from outside the organization – among others, to children, those in need of material aid or the sick who were undergoing treatment in St. Lazarus or St. Ludwig Hospitals in Krakow.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 287 - 298
https://doi.org/10.4467/20844131KS.14.025.2266Among those who claimed a divorce the years 1918–1945 in the District Court in Krakow, were mainly those for whom it was the first marriage that they wished to dissolve. The number of other cases, that is spouses for whom it was the second or else a successive marriage, amounted to around 13%. Generally, we can talk of five (or maybe six) cases of divorce proceedings between spouses whose previous marriages ceased to exist in the effect of a divorce. Taking into consideration the sex of the spouses claiming for divorce, one should observe that in three cases it was women whose previous marriages had ceased in the effect of a divorce, who were now asking for divorce (Cg I 687/21, I Cg 259/30 and I C 301/43), in two cases it was men (I C 1163/35, I C 114/40) and in one case, both spouses had already been divorced before (I C 442/39). It turns out that five out of six cases had ended in a divorce judgment (I Cg 259/30, I C 1163/35, I C 442/39, I C 301/43 and I C 114/40), and one case ended in a withdrawal of the petition for divorce and a discontinuance of legal proceedings (Cg I 687/21).
Jakob Maziarz
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 299 - 316
https://doi.org/10.4467/20844131KS.14.021.2262The article concerns penal – administrative procedure used by administrative organs in the Second Republic of Poland, from which derives the current transgression procedure. Before the unification in 1928 there were four legal systems regulating transgression procedures. In the 1918–1928 period additional complications of legal system emerged because of lack of consistency in penal – administrative legislation. The article presents sources of law on transgression procedure before and after 1928, outlines the course of administrative procedure in penal cases and describes the possibilities of judicial control over administrative jurisdiction of both common and administrative courts. The article presents also the problems connected with interpretation of penal – administrative regulations in the Supreme Court’s jurisdiction.
Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 317 - 322
https://doi.org/10.4467/20844131KS.14.022.2263On the political-legal plane, the direct consequence of the May coup organized by Józef Piłsudski in 1926 was an amendment of the March constitution of 1921. The above amendment was commonly referred to as the August amendment from the name of the month in which the two laws changing the constitution had been passed (2 August 1926). The core of the August amendment consisted in a strengthening of the position of the executive organs of the state at the expense of the Diet and the senate. The president obtained the right to dissolve parliament before the end of its term, following the motion of the ministers’ council. Moreover, the president obtained the prerogatives to pass resolutions with the power of parliamentary laws and obtained new budgetary prerogatives. Parliament, on the other hand, became restricted as regards its powers to pass a no confidence vote towards the Ministers’ Council or any individual minister. The political conceptions implemented by the interwar government aimed at doing away with the principle of a tri-partite division of state power in favor of a concentration of power in the hands of the state’s president. The above conception had been fully realized in the new constitution of the Republic of Poland of 1935.
Adam Lityński
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 323 - 334
https://doi.org/10.4467/20844131KS.14.023.2264Today, the nature and consequences of the so-called elimination of the Kulak class and collectivization of peasantry in the 20s and 30s in the USSR are already known. Less known is the fact that another mass repression of the so-called Kulaks followed in 1937. On July of 1937, the Politburo of the communist party ordered to “arrest immediately all Kulaks […] and after an administrative examination of their cases by a troika, execute by firing squad the most hostile,” those less reluctant were to be locked up in forced-labour camps. The genocidal repressions were included in central planning – a quota for each region was established. On the basis of the above-mentioned Politburo order, the then People’s Commissar (NKVD), Nikolai Yezhov, gave order no. 00447 On repression of former kulaks, criminals, and other anti-Soviet elements, on the 30th July 1937. It was planned that 268 950 people were to be arrested, including 75 950 to be executed, but this list was incomplete and was later on supplemented; avid regions applied for increasing the quota and considerably surpassed the number of planned arrests, executions and deportations to labour camps.
Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 335 - 378
https://doi.org/10.4467/20844131KS.14.024.2265The Promethean movement in the policy of II Republic of Poland consisted in offering support to the independence movements and strivings of the peoples making up the then Soviet Union. With active participation of the Ministry of Foreign Affairs (henceforth referred to as: MFA), II Branch of the General (Main) Command – intelligence services and a number of research institutes, close contacts had been maintained with the émigré governments and politicians representing various nations of the Soviet Union. In recent years, the pressure of current policy has led to a renewed interest in issues relating to Prometheism, which brought about a crop of a number of valuable papers devoted to the interwar period. A lot has already been written about the Promethean movement following the end of the Second World War. Yet relatively little has been written about the war-time history of the movement. The documents presented below are associated with the war period, following the Soviet invasion of Finland. Among the circles of the French and British staff officers there even appeared a conception of bombing the oil fields in the Caucasus – naturally taking advantage of the Turkish airspace and the French military bases on the territory of Syria. It was thought that the subjugated nations in the Caucasus would then rise up against their oppressor. It was in such an atmosphere that a meeting between the representatives of the Caucasian nations and W. Bąkiewicz, which constitutes the subject-matter of analysis contained in the first of the published documents, took place in Istanbul. The second document is a translation of the treaty of the Caucasian Confederacy whereas the third document dates back to the autumn of 1940 and constitutes a commentary to the memorial concerning Promethean issues submitted by a reporter and Promeathean activist W. Pelc; the commentary had been written by Prof. Olgierd Górka, an expert of the Polish government in exile specializing in ethic issues. The above documents are associated with a rather peculiar and paradoxical situation which arose after the fall of the Polish state when for a brief period a time, thanks to propitious political circumstances, Prometheism had a chance to succeed. The conception was to have been realized in cooperation with the allies – France and Great Britain; the pact between Poland and the Allies was to have been directed against the totalitarian Soviet system and indirectly against the Nazi system. However a change of the international situation had quickly made the realization of these plans impossible.
Józef Ciągwa
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 349 - 364
https://doi.org/10.4467/20844131KS.14.026.2267The Slovak aggression on Poland in September 1939 had led to an incorporation of 14 villages situated in Upper Spiš, the so called Zamagurie, into the Slovak state. The parishes which were situated on this territory (functioning as the Spiš Deanery in the Polish Church administration) had passed to the jurisdiction of the Spiš bishop, having previously been excluded from subordination to the Krakow archbishop. Six Polish priests had remained on their posts until April 1940. The priestly services performed by them caused numerous legal problems. An example of such problems may be the provisions of the personal marriage law which remained in force in Slovakia, particularly as regards the civil-legal effectiveness of the marriages contracted before Polish priests; in view of these provisions, such marriages were considered invalid, unless the priest had taken an oath of allegiance to the Slovak state. The situation of the Polish priests had led to arguments between the bishop metropolitan of Krakow Adam Sapieha and the Slovak church hierarchs or else the Slovak lay authorities. Contrary to the widespread opinion to be found in Polish research as well as in the popular opinion, the Polish priests who had been deprived of their parishes were not at all mistreated. They returned to the General Gouvernement or else were also placed in Slovak monasteries. Repressions directed against Polish priests concerned above all their negative attitude towards the Slovak state and the local population. In the years 1940–1945, it was the Slovak priests who were in charge of the Spiš parishes. After Upper Spiš had been taken over by the Polish army, the Slovaks, including the priests, were subjected to repressions. The example of priest Franciszek Móš who, following a few months spent in custody, was subsequently expelled from Poland, is not an isolated case. By the end of 1945, the Slovak priests had left the territories which were taken over by Poland. After taking over the recovered parishes, the Polish priests discriminated against Slovak parishioners, among other by making it difficult for them to perform the religious rites in the Slovak language. Such conduct was the cause of the complaint lodged by the Consul General of Czechoslovakia with the Polish authorities. The attitude of the Polish priests was on the whole accepted by the Polish church hierarchy, including the bishop metropolitan Adam Sapieha.
Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 365 - 368
https://doi.org/10.4467/20844131KS.14.020.2261Professor Dr. Michał Patkaniowski (1907–1972), a distinguished professor at the Faculty of Law and Administration of the Jagiellonian University, had deserved his right to fame as an outstanding scholar and efficient organizer of academic life. His silhouette has been presented in numerous biographical notes, including the Polish Biographical Dictionary. Yet what seems particularly worthy of recalling here are his efforts to expand the library collection of the historical and legal chairs. Thanks to his efforts, the collection became enlarged by over 3000 books which had been withdrawn from the libraries of Krakow courts as well as from the libraries of other courts in Krakow’s surroundings.
Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 369 - 382
https://doi.org/10.4467/20844131KS.14.027.2268The Civic Court in London was brought into existence on the strength of a Presidential decree of 8 September 1950 concerning Civic Courts in Exile. It consisted of a General and a Civic Department. Its main objective was to adjudicate on matters relating to acts that were reprehensible from the point of view of the Polish political exiles, but at the same time indifferent in the light of the British law. The most active period in the operation of the Polish Civic Court in London occurred in the years 1951–1954, that is at a time when it was headed by Stanisław Krause. After the rupture within the Polish émigré circles, the London court remained a presidential organ, although a considerable number of its judges moved to the faction grouped around the Polish Council of Three. This had led to the organizational decline of the court and ultimately to is practical liquidation in the first half of the sixties.
Andrzej Bryk
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 383 - 394
https://doi.org/10.4467/20844131KS.14.028.2269The “culture war” is a term which refers to a fundamental dispute over the identity of western civilization. In the United States it was revealed in the contention concerning anti-communism. Norman Podhoretz and his monthly “Commentary” had played a significant role in it. The above journal, published by the American Jewish Committee was “an offensive outpost” of neoconservatism which was just being created in the USA. The publications related, above all, to topics associated with culture, religion, as well as international politics. The intellectuals associated with the “Commentary” fought against anti-Americanism, leftist-liberal counter-culture and communism. They were criticized by thinkers representing the American radical liberal left who drew on the policy of F.D. Roosevelt, H. Truman and J.F. Kennedy. The neoconservatives criticized the policy of concessions towards the Soviet Union, paving the way for the views and activities of R. Reagan several years later. Relying more on empiricism and “commonsensical” thinking than on a theoretical approach to natural law, Podhoretz and his adherents criticized the conduct of the liberals. As a literary critic and columnist, Podhoretz was known for his rather boisterous and open style of writing. Regarded as a great threat by the progressive left, he undermined the very principles of historical determinism and exclusive legitimization of leftist political views. Although by no means an exception, through his activities he was able to exert an effective influence on the American society. He led to the emergence of phenomena which did not exist in Europe dominated by the so called generation ‘68. The anti-communist rhetoric propagated by Podhoretz had clearly helped R. Reagan in his race to the presidential office. The sources of Podhoretz’ views can be seen in his relationship to literature and art which constitute a reflection of the truth about the humankind. He was opposed to treating them exclusively as a tool, but also rejected their complete autonomy. He valued the moral values rooted in the Judaic religious system and negated the so called “superiority complex” of numerous leftist intellectuals. Such a system of values had exerted a strong impact on his subsequent views, which were strongly publicized in the “Commentary”.
Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 2, Volume 7 (2014), pp. 395 - 404
https://doi.org/10.4467/20844131KS.14.012.2253The article discusses the problem of evolution and the premises used in applying the English concept known as promissory estoppel. The birth of this legal concept has been discussed on the example of the most important court cases, the so called leading cases, such as, among others, that of High Trees (1947) and Combe v. Combe (1951), in which it was lord Denning who adjudicated. In the article, the author also analyzes the general principles of invoking promissory estoppel. He indicates that in the course of a court trial it is necessary to prove the existence of a promise, on the basis of which the person who was promised something, while acting in accordance with the common sense, decided to withdraw and by undertaking certain definite steps ultimately suffered a loss, whereas withdrawal on the part of the person making a promise would be unjustified. The author of the paper made an effort to try to answer the question whether the abuse of right clause mentioned in Art. 5 of the Civil Code may be regarded as the Polish equivalent of promissory estoppel.
Publication date: 13.09.2014
Redaktorzy zeszytu:
Grzegorz Blicharz
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 11 - 27
https://doi.org/10.4467/20844131KS.14.005.2246Karolina Wyrwińska
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 29 - 38
https://doi.org/10.4467/20844131KS.14.001.2242Franciszek Longchamps de Bérier
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 39 - 57
https://doi.org/10.4467/20844131KS.14.002.2243Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 59 - 67
https://doi.org/10.4467/20844131KS.14.004.2245Janusz Sondel
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 69 - 91
https://doi.org/10.4467/20844131KS.14.007.2248Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 93 - 109
https://doi.org/10.4467/20844131KS.14.006.2247The paper sheds light on a rather narrow aspect of the history of Knights Templar, analyzing it from the point of view of its internal disciplinary legislation. As an order grouping knights, in its statute, the Order made numerous references to discipline and the penal system. In the paper, the author characterized the various preserved copies of the Order’s Statute, out of which as many as 15 have survived until the present times; subsequently, he referred to the so called hierarchical statutes of the Order; among others, the latter defined in detail the disciplinary responsibility of Order members. On the basis of the above sources, the author divided the disciplinary measures into groups, beginning with the most restrictive ones and ending with the penitential and expiatory ones. He showed the types of offences which, when committed, threatened the wrongdoer with a loss of a home or tunic, as well as minor offences for which one could adjudicate penance or else abandon the idea of punishing the culprit altogether. The author described the procedure which initiated disciplinary proceedings as well as the penitential practices of the penitent. He also provided pertinent examples of violations of the Statute by the Templar Brothers, relying on source materials.
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 111 - 131
https://doi.org/10.4467/20844131KS.14.010.2251Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 133 - 145
https://doi.org/10.4467/20844131KS.14.009.2250An intensive development of Polish parliamentarism took place in the 15th century; the composition, procedures and competence scope of the General Sejm (Polish parliament) were being established, an example of which may be the principle that the Polish gentry was to be represented in Parliament by elected deputies – two from each land. Among the numerous regulations established at all kinds of conventions which took place in the early period of Polish parliamentarism, there were issues devoted to cities and town dwellers. Among them, one should mention, among others, regulations relating to trade and trade routes, those counteracting the high costs of life, changes relating to the principles of court proceedings, and taxes. Numerous regulations had to be reevaluated and reconsidered at successive parliamentary sessions, also in the 16th century, which testifies to the fact that due to the resistance of the townsfolk, the regulations passed by the sejm, had not been applied. Yet the overall evaluation of parliamentary legislation dating back to the early period of Polish parliamentarism, does not allow one to conclude that this legislation was unequivocally anti-urban. Numerous laws and regulations which had been passed in the interest of the gentry were also favorable to the townsmen.
Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 147 - 157
https://doi.org/10.4467/20844131KS.14.011.2252Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 159 - 168
https://doi.org/10.4467/20844131KS.14.008.2249Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 169 - 180
https://doi.org/10.4467/20844131KS.14.003.2244Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 181 - 192
https://doi.org/10.4467/20844131KS.14.013.2254Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 193 - 200
https://doi.org/10.4467/20844131KS.14.014.2255The trade contacts between the Kingdom of England and the Polish Commonwealth in the 17th c. were very lively. The commodity which was in particularly high demand in Poland was the English cloth. It was the English Trading Company with its seat in Elbląg that had the privilege for its supply. Yet political problems had exerted a negative impact on a harmonious economic cooperation. During the so called “Prussian” war of 1626, Gdańsk had retained its allegiance to the Polish Commonwealth, whereas Elbląg surrendered to the Swedes. In retaliation, at a Parliamentary session of 1628, Gdańsk had been granted compensation for the losses caused by the war and subsequently, due to the empty state treasury, it was granted the right to charge stamp duty on the cloth that was obligatorily transported through the Gdańsk port. Finally, the Trading Company had been deprived of its seat in Elbląg. The efforts of the Company agents, who also enjoyed the status of royal envoys, aimed at establishing the company’s seat in Gdańsk and ultimately liquidating the Gdańsk duty stamp. An example of the activities undertaken by the Company was the diplomatic mission of Francis Gordon at the Polish Seym in 1637. His legation had been received and heard by the deputies of the Polish Diet on 18 February; Gordon had read the letter of king Charles I Stuart pointing to the dangers and losses which resulted from stamping English cloth by the Gdańsk port authorities. Yet Gordon’s mission did not achieve anything as the Seym’s session ended ineffectively and no resolutions were passed. The battle for the liquidation of the stamp continued. At a successive Seym session in 1638, a resolution concerning a temporary suspension of the Gdańsk privilege had been reached; it was even debated whether the privilege is at all in accord with the law of the Polish Commonwealth, if it constituted a restriction of the freedom of trade. Finally at a Seym session in 1647, it was decided that the stamp should not be withdrawn, but that other port cities should also have a right to use it.
Grzegorz Blicharz
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 11 - 27
https://doi.org/10.4467/20844131KS.14.005.2246Karolina Wyrwińska
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 29 - 38
https://doi.org/10.4467/20844131KS.14.001.2242Franciszek Longchamps de Bérier
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 39 - 57
https://doi.org/10.4467/20844131KS.14.002.2243Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 59 - 67
https://doi.org/10.4467/20844131KS.14.004.2245Janusz Sondel
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 69 - 91
https://doi.org/10.4467/20844131KS.14.007.2248Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 93 - 109
https://doi.org/10.4467/20844131KS.14.006.2247The paper sheds light on a rather narrow aspect of the history of Knights Templar, analyzing it from the point of view of its internal disciplinary legislation. As an order grouping knights, in its statute, the Order made numerous references to discipline and the penal system. In the paper, the author characterized the various preserved copies of the Order’s Statute, out of which as many as 15 have survived until the present times; subsequently, he referred to the so called hierarchical statutes of the Order; among others, the latter defined in detail the disciplinary responsibility of Order members. On the basis of the above sources, the author divided the disciplinary measures into groups, beginning with the most restrictive ones and ending with the penitential and expiatory ones. He showed the types of offences which, when committed, threatened the wrongdoer with a loss of a home or tunic, as well as minor offences for which one could adjudicate penance or else abandon the idea of punishing the culprit altogether. The author described the procedure which initiated disciplinary proceedings as well as the penitential practices of the penitent. He also provided pertinent examples of violations of the Statute by the Templar Brothers, relying on source materials.
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 111 - 131
https://doi.org/10.4467/20844131KS.14.010.2251Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 133 - 145
https://doi.org/10.4467/20844131KS.14.009.2250An intensive development of Polish parliamentarism took place in the 15th century; the composition, procedures and competence scope of the General Sejm (Polish parliament) were being established, an example of which may be the principle that the Polish gentry was to be represented in Parliament by elected deputies – two from each land. Among the numerous regulations established at all kinds of conventions which took place in the early period of Polish parliamentarism, there were issues devoted to cities and town dwellers. Among them, one should mention, among others, regulations relating to trade and trade routes, those counteracting the high costs of life, changes relating to the principles of court proceedings, and taxes. Numerous regulations had to be reevaluated and reconsidered at successive parliamentary sessions, also in the 16th century, which testifies to the fact that due to the resistance of the townsfolk, the regulations passed by the sejm, had not been applied. Yet the overall evaluation of parliamentary legislation dating back to the early period of Polish parliamentarism, does not allow one to conclude that this legislation was unequivocally anti-urban. Numerous laws and regulations which had been passed in the interest of the gentry were also favorable to the townsmen.
Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 147 - 157
https://doi.org/10.4467/20844131KS.14.011.2252Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 159 - 168
https://doi.org/10.4467/20844131KS.14.008.2249Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 169 - 180
https://doi.org/10.4467/20844131KS.14.003.2244Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 181 - 192
https://doi.org/10.4467/20844131KS.14.013.2254Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 7, Issue 1, Volume 7 (2014), pp. 193 - 200
https://doi.org/10.4467/20844131KS.14.014.2255The trade contacts between the Kingdom of England and the Polish Commonwealth in the 17th c. were very lively. The commodity which was in particularly high demand in Poland was the English cloth. It was the English Trading Company with its seat in Elbląg that had the privilege for its supply. Yet political problems had exerted a negative impact on a harmonious economic cooperation. During the so called “Prussian” war of 1626, Gdańsk had retained its allegiance to the Polish Commonwealth, whereas Elbląg surrendered to the Swedes. In retaliation, at a Parliamentary session of 1628, Gdańsk had been granted compensation for the losses caused by the war and subsequently, due to the empty state treasury, it was granted the right to charge stamp duty on the cloth that was obligatorily transported through the Gdańsk port. Finally, the Trading Company had been deprived of its seat in Elbląg. The efforts of the Company agents, who also enjoyed the status of royal envoys, aimed at establishing the company’s seat in Gdańsk and ultimately liquidating the Gdańsk duty stamp. An example of the activities undertaken by the Company was the diplomatic mission of Francis Gordon at the Polish Seym in 1637. His legation had been received and heard by the deputies of the Polish Diet on 18 February; Gordon had read the letter of king Charles I Stuart pointing to the dangers and losses which resulted from stamping English cloth by the Gdańsk port authorities. Yet Gordon’s mission did not achieve anything as the Seym’s session ended ineffectively and no resolutions were passed. The battle for the liquidation of the stamp continued. At a successive Seym session in 1638, a resolution concerning a temporary suspension of the Gdańsk privilege had been reached; it was even debated whether the privilege is at all in accord with the law of the Polish Commonwealth, if it constituted a restriction of the freedom of trade. Finally at a Seym session in 1647, it was decided that the stamp should not be withdrawn, but that other port cities should also have a right to use it.
Publication date: 27.05.2014
Issue editor: Wacław Uruszczak, Dorota Malec, Maciej Mikuła
Michaela Knollová
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 317 - 326
https://doi.org/10.4467/20844131KS.13.019.1694Grzegorz Blicharz
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 327 - 340
https://doi.org/10.4467/20844131KS.13.020.1695Sea loan or pecunia traiecticia belongs to the heritage of Roman legal thought. It seems to occupy a distinctive position in the conceptual framework of private law and few researchers are interested in investigating it. One of them is Z. Benincasa who has analyzed the topic in her general monography on risk in maritime journeys till the 2nd century AD. This article has been inspired by her book, however it is also the result of own studies on sea loan not only in the ancient Roman law but also in the medieval, modern and contemporary legal thought. Thanks to broad insight into the history of sea loan it was possible to take an approach which was only mentioned before. Namely that Roman sea loan provides the solution which today seems to be present in Project Finance. It was reasonable to start the broad comparison again from ancient Roman law. First of all, it has shown that sea loan served not only as a method of taking over the risk by a creditor, but it was also a kind of speculative investment and opportunity to gain a great profi t from maritime trade. At the same time it enabled a debtor to organize a risky journey. There were two kinds of sea loan. One was a loan given on the condition that a debtor would successfully reach the port of his destination. The other one was a loan with the same condition, but also with an added time limit, e.g. 200 days of navigation – so called dies incertus sensu stricto. Secondly, the profit of a creditor was strictly attached to the gains from maritime trade and depended on the success of a maritime journey. On the one hand, debtors’ personal liability was moved as far as possible, in order to satisfy creditors just from profit or items acquired during the trade expedition. On the other hand, the way to enter into the contract to attach high interests and finally to sue a debtor and his heirs was very flexible. Thirdly, emperors were interested in sea loan and provided in their constitutions balanced position of a creditor and a debtor. It can suggest that pecunia traiecticia was important for Roman economy, maybe in the same way that Project Finance is for our times. This work seeks to broaden previous studies on western legal tradition and Roman law and is an attempt to find out whether the Roman concept of sea loan is applicable also nowadays.
Miroslav Černý
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 341 - 350
https://doi.org/10.4467/20844131KS.13.021.1696Vilém Knoll
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 351 - 363
https://doi.org/10.4467/20844131KS.13.027.2194Laurent Waelkens
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 365 - 386
https://doi.org/10.4467/20844131KS.13.022.1697Dominik Galas
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 387 - 404
https://doi.org/10.4467/20844131KS.13.023.1698The beginning of sulphur ore mining in Swoszowice, having lasted for almost 500 years, goes back to the 15th century when the need for sulphur increased along with the firearm production development. In the Middle Ages alchemists called sulphur the ‘element of flammability’. After the invention of fi rearm sulphur gained big importance. It became an ingredient gunpowder. The real impulse for sulphur mining development in Swoszowice, a village near Krakow, was the publication of two documents: Village Land Act in Swoszowice and Diploma, that permitted mining in Swoszowice and gave a privilege to miners guild (co-partnership extracting sulphur ore) that enabled them to carry out extraction of sulphur in the whole country. It was given in 1415 by the Polish king,Władysław II Jagiełło. In the beginning, the miners guild consisted of well-known Cracow burghers: Michał Fayger, Piotr Słodownik, Mikołaj Sołtys from Stradom and a mineworker Krystian. Then it became a part of goods of Corpus Christi Monastery in Kazimierz and after the partitions of Poland it was a state-owned entity until 1887. Sulphur mining in Swoszowice made Jagiellonian dynasty powerful and influential. It lasted almost continually till 1886. At that time the pit in Swoszowice was the biggest in Europe. In the 18th century 250 workers worked there and 2,5 tones of sulphur were mined each year. In the late 19th century (1871–1876) the mine in Swoszowice covered 80–90 % of sulphur demand in Austro-Hungarian Monarchy. There were many reasons for the fall of the sulphur mine in Swoszowice such as: predatory economy, decrease in sulphur ore and increase of production costs, caused for example by the rise of wood prices (wood was needed to make protection systems of the shafts), groundwater floods in the shafts. Miners were also exposed to harmful impact of hydrogen sulfi de. Additionally, the mine business in Swoszowice was negatively infl uenced by ongoing competition, the renewal of sulphur production in Sicilia, cheaper sulphur production from pirytes in Hungary, markdown of tariffs on sulphur carriage as a consequence of the Trade Act between Austria and Italy lowering the duty on imported sulphur from Sicilia. The last attempts to restart the mine in Swoszowice were made during the World War I, in 1917. For that reason the Polish Sulphur Factory consortium was created. It conducted mining works in the area of bathing facilities. Two shafts were deepened: Elżbieta and Piotr. Sulphur ore, with 22–25% sulphur content, was discovered on a depth of 18 meters in the first one. The mining works were stopped though.
Michał Gałędek
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 405 - 422
https://doi.org/10.4467/20844131KS.13.024.1699Kinga Császár
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 423 - 427
https://doi.org/10.4467/20844131KS.13.025.1700Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 429 - 431
Іryna Vasylyk
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 433 - 435
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 429 - 431
Іryna Vasylyk
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 433 - 435
Michaela Knollová
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 317 - 326
https://doi.org/10.4467/20844131KS.13.019.1694Grzegorz Blicharz
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 327 - 340
https://doi.org/10.4467/20844131KS.13.020.1695Sea loan or pecunia traiecticia belongs to the heritage of Roman legal thought. It seems to occupy a distinctive position in the conceptual framework of private law and few researchers are interested in investigating it. One of them is Z. Benincasa who has analyzed the topic in her general monography on risk in maritime journeys till the 2nd century AD. This article has been inspired by her book, however it is also the result of own studies on sea loan not only in the ancient Roman law but also in the medieval, modern and contemporary legal thought. Thanks to broad insight into the history of sea loan it was possible to take an approach which was only mentioned before. Namely that Roman sea loan provides the solution which today seems to be present in Project Finance. It was reasonable to start the broad comparison again from ancient Roman law. First of all, it has shown that sea loan served not only as a method of taking over the risk by a creditor, but it was also a kind of speculative investment and opportunity to gain a great profi t from maritime trade. At the same time it enabled a debtor to organize a risky journey. There were two kinds of sea loan. One was a loan given on the condition that a debtor would successfully reach the port of his destination. The other one was a loan with the same condition, but also with an added time limit, e.g. 200 days of navigation – so called dies incertus sensu stricto. Secondly, the profit of a creditor was strictly attached to the gains from maritime trade and depended on the success of a maritime journey. On the one hand, debtors’ personal liability was moved as far as possible, in order to satisfy creditors just from profit or items acquired during the trade expedition. On the other hand, the way to enter into the contract to attach high interests and finally to sue a debtor and his heirs was very flexible. Thirdly, emperors were interested in sea loan and provided in their constitutions balanced position of a creditor and a debtor. It can suggest that pecunia traiecticia was important for Roman economy, maybe in the same way that Project Finance is for our times. This work seeks to broaden previous studies on western legal tradition and Roman law and is an attempt to find out whether the Roman concept of sea loan is applicable also nowadays.
Miroslav Černý
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 341 - 350
https://doi.org/10.4467/20844131KS.13.021.1696Vilém Knoll
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 351 - 363
https://doi.org/10.4467/20844131KS.13.027.2194Laurent Waelkens
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 365 - 386
https://doi.org/10.4467/20844131KS.13.022.1697Dominik Galas
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 387 - 404
https://doi.org/10.4467/20844131KS.13.023.1698The beginning of sulphur ore mining in Swoszowice, having lasted for almost 500 years, goes back to the 15th century when the need for sulphur increased along with the firearm production development. In the Middle Ages alchemists called sulphur the ‘element of flammability’. After the invention of fi rearm sulphur gained big importance. It became an ingredient gunpowder. The real impulse for sulphur mining development in Swoszowice, a village near Krakow, was the publication of two documents: Village Land Act in Swoszowice and Diploma, that permitted mining in Swoszowice and gave a privilege to miners guild (co-partnership extracting sulphur ore) that enabled them to carry out extraction of sulphur in the whole country. It was given in 1415 by the Polish king,Władysław II Jagiełło. In the beginning, the miners guild consisted of well-known Cracow burghers: Michał Fayger, Piotr Słodownik, Mikołaj Sołtys from Stradom and a mineworker Krystian. Then it became a part of goods of Corpus Christi Monastery in Kazimierz and after the partitions of Poland it was a state-owned entity until 1887. Sulphur mining in Swoszowice made Jagiellonian dynasty powerful and influential. It lasted almost continually till 1886. At that time the pit in Swoszowice was the biggest in Europe. In the 18th century 250 workers worked there and 2,5 tones of sulphur were mined each year. In the late 19th century (1871–1876) the mine in Swoszowice covered 80–90 % of sulphur demand in Austro-Hungarian Monarchy. There were many reasons for the fall of the sulphur mine in Swoszowice such as: predatory economy, decrease in sulphur ore and increase of production costs, caused for example by the rise of wood prices (wood was needed to make protection systems of the shafts), groundwater floods in the shafts. Miners were also exposed to harmful impact of hydrogen sulfi de. Additionally, the mine business in Swoszowice was negatively infl uenced by ongoing competition, the renewal of sulphur production in Sicilia, cheaper sulphur production from pirytes in Hungary, markdown of tariffs on sulphur carriage as a consequence of the Trade Act between Austria and Italy lowering the duty on imported sulphur from Sicilia. The last attempts to restart the mine in Swoszowice were made during the World War I, in 1917. For that reason the Polish Sulphur Factory consortium was created. It conducted mining works in the area of bathing facilities. Two shafts were deepened: Elżbieta and Piotr. Sulphur ore, with 22–25% sulphur content, was discovered on a depth of 18 meters in the first one. The mining works were stopped though.
Michał Gałędek
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 405 - 422
https://doi.org/10.4467/20844131KS.13.024.1699Kinga Császár
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 4, 2013, pp. 423 - 427
https://doi.org/10.4467/20844131KS.13.025.1700Publication date: 28.03.2014
Issue editors: Wacław Uruszczak, Dorota Malec, Maciej Mikuła
The editors’ of „Krakowskie Studia z Historii Państwa i Prawa” (Cracow Studies of Consittutional and Legal History) intention is to launch a new publishing series which would show the results and scope of research done on the constitutional and legal history.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 193 - 227
https://doi.org/10.4467/20844131KS.13.012.1606Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 229 - 245
https://doi.org/10.4467/20844131KS.13.013.1607Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 247 - 258
https://doi.org/10.4467/20844131KS.13.014.1608Apart from the Constitution of May 3, the achievement of the Four-Year Sejm, or the Great Sejm of 1788–1792 included a group of laws which, together with the Constitution, were to form the principal framework of the legal system of the reformed Republic. These laws concerned the legal situation of the townspeople, the range of the direct democracy (the law on sejmiki, or local parliaments), the functioning of the Sejm, the relation between the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania (uniform state), the administration of justice, the army, the police, and the tax system. The outbreak of the Polish-Russian war caused the suspension of the Sejm proceedings, and the King’s joining the Targowica Confederation, as well as the subsequent defeat, squandered the legislative efforts of the Great Sejm and its attempt at a general reform of the political system and law of Poland
Józef Koredczuk
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 259 - 266
https://doi.org/10.4467/20844131KS.13.015.1609Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 267 - 276
https://doi.org/10.4467/20844131KS.13.016.1610Bohumil Jiroušek, Martina Halamová
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 277 - 284
https://doi.org/10.4467/20844131KS.13.017.1611The Czech history of the second half of the 20th century is marked by a number of historical twists which suppressed the public discussion of past history; however, the discussion was sometimes possible in the form of allusions. This essay focuses on one of those discussions; i.e. the one organized by Plamen magazine in 1969. The participants knew that they could not openly express their opinions on the invasion of the Warsaw Pact armies in August 1968. Thus, they used the 500th anniversary of Niccolo Machiavelli´s birth (1469–1527) to both recollect his personality and his work and to discuss the question of whether small countries were allowed to defend themselves against big ones. The message and topicality of the discussion constituted an unambiguous criticism of the Soviet Union, which claimed supremacy over its neighbors: its bloc.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 285 - 301
https://doi.org/10.4467/20844131KS.13.018.1612Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 303 - 308
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 309 - 312
Katarzyna Kuras
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 313 - 315
The book Could Revolution Be Legal? by Anna Grześkowiak-Krwawicz concerns various aspects of how the Constitution of 3rd May 1791 was established and overthrown. It raises, among others, the question whether the act of passing the Constitution was a revolution for contemporary people and why it was understood as treason by some people, especially from Republican milieus. A lot of attention was paid by the Author to the issue of perception of the Constitution in Poland and abroad as well as to the rise of the myth of 3rd May 1791.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 285 - 301
https://doi.org/10.4467/20844131KS.13.018.1612Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 303 - 308
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 309 - 312
Katarzyna Kuras
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 313 - 315
The book Could Revolution Be Legal? by Anna Grześkowiak-Krwawicz concerns various aspects of how the Constitution of 3rd May 1791 was established and overthrown. It raises, among others, the question whether the act of passing the Constitution was a revolution for contemporary people and why it was understood as treason by some people, especially from Republican milieus. A lot of attention was paid by the Author to the issue of perception of the Constitution in Poland and abroad as well as to the rise of the myth of 3rd May 1791.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 193 - 227
https://doi.org/10.4467/20844131KS.13.012.1606Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 229 - 245
https://doi.org/10.4467/20844131KS.13.013.1607Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 247 - 258
https://doi.org/10.4467/20844131KS.13.014.1608Apart from the Constitution of May 3, the achievement of the Four-Year Sejm, or the Great Sejm of 1788–1792 included a group of laws which, together with the Constitution, were to form the principal framework of the legal system of the reformed Republic. These laws concerned the legal situation of the townspeople, the range of the direct democracy (the law on sejmiki, or local parliaments), the functioning of the Sejm, the relation between the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania (uniform state), the administration of justice, the army, the police, and the tax system. The outbreak of the Polish-Russian war caused the suspension of the Sejm proceedings, and the King’s joining the Targowica Confederation, as well as the subsequent defeat, squandered the legislative efforts of the Great Sejm and its attempt at a general reform of the political system and law of Poland
Józef Koredczuk
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 259 - 266
https://doi.org/10.4467/20844131KS.13.015.1609Robert Jastrzębski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 267 - 276
https://doi.org/10.4467/20844131KS.13.016.1610Bohumil Jiroušek, Martina Halamová
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 3, 2013, pp. 277 - 284
https://doi.org/10.4467/20844131KS.13.017.1611The Czech history of the second half of the 20th century is marked by a number of historical twists which suppressed the public discussion of past history; however, the discussion was sometimes possible in the form of allusions. This essay focuses on one of those discussions; i.e. the one organized by Plamen magazine in 1969. The participants knew that they could not openly express their opinions on the invasion of the Warsaw Pact armies in August 1968. Thus, they used the 500th anniversary of Niccolo Machiavelli´s birth (1469–1527) to both recollect his personality and his work and to discuss the question of whether small countries were allowed to defend themselves against big ones. The message and topicality of the discussion constituted an unambiguous criticism of the Soviet Union, which claimed supremacy over its neighbors: its bloc.
Publication date: 18.12.2013
Volume Editors: Wacław Uruszczak, Dorota Malec, Maciej Mikuła
The editors’ of „Krakowskie Studia z Historii Państwa i Prawa” (Cracow Studies of Consittutional and Legal History) intention is to launch a new publishing series which would show the results and scope of research done on the constitutional and legal history.
Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 85 - 93
https://doi.org/10.4467/20844131KS.13.007.1462Katarzyna Jaworska-Biskup
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 95 - 108
https://doi.org/10.4467/20844131KS.13.008.1463Łukasz Gołaszewski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 109 - 131
https://doi.org/10.4467/20844131KS.13.009.1464Piotr Suski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 133 - 147
https://doi.org/10.4467/20844131KS.13.010.1465Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 149 - 178
https://doi.org/10.4467/20844131KS.13.011.1466Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 179 - 182
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 183 - 191
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 179 - 182
Anna Ceglarska
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 85 - 93
https://doi.org/10.4467/20844131KS.13.007.1462Katarzyna Jaworska-Biskup
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 95 - 108
https://doi.org/10.4467/20844131KS.13.008.1463Łukasz Gołaszewski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 109 - 131
https://doi.org/10.4467/20844131KS.13.009.1464Piotr Suski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 133 - 147
https://doi.org/10.4467/20844131KS.13.010.1465Jacek Goclon
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 149 - 178
https://doi.org/10.4467/20844131KS.13.011.1466
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 2, 2013, pp. 183 - 191
Publication date: 19.06.2013
Volume Editors: Wacław Uruszczak, Dorota Malec, Maciej Mikuła
The editors’ of „Krakowskie Studia z Historii Państwa i Prawa” (Cracow Studies of Consittutional and Legal History) intention is to launch a new publishing series which would show the results and scope of research done on the constitutional and legal history.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 1 - 29
https://doi.org/10.4467/20844131KS.13.001.1156Janka Teodora Nagy
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 31 - 35
https://doi.org/10.4467/20844131KS.13.002.1157Marek Stus
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 37 - 44
https://doi.org/10.4467/20844131KS.13.003.1158Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 45 - 50
https://doi.org/10.4467/20844131KS.13.004.1159Jacek K. Sokołowski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 51 - 62
https://doi.org/10.4467/20844131KS.13.005.1160Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 63 - 69
https://doi.org/10.4467/20844131KS.13.006.1161Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 71 - 75
Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 77 - 82
Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 83 - 84
Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 63 - 69
https://doi.org/10.4467/20844131KS.13.006.1161Katarzyna Krzysztofek
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 77 - 82
Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 83 - 84
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 1 - 29
https://doi.org/10.4467/20844131KS.13.001.1156Janka Teodora Nagy
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 31 - 35
https://doi.org/10.4467/20844131KS.13.002.1157Marek Stus
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 37 - 44
https://doi.org/10.4467/20844131KS.13.003.1158Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 45 - 50
https://doi.org/10.4467/20844131KS.13.004.1159Jacek K. Sokołowski
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 51 - 62
https://doi.org/10.4467/20844131KS.13.005.1160Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 71 - 75
Publication date: 03.02.2013
Issue Editors:
The fifth volume of „Krakowskie Studia z Historii Państwa i Prawa” (Cracow Studies of Constitutional and Legal History) is dedicated to professor Stanisław Grodziski, an outstanding historian whose research is concerned with the history of Poland’s law and legal culture.
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 295 - 305
https://doi.org/10.4467/20844131KS.12.023.0924Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 307 - 328
https://doi.org/10.4467/20844131KS.12.024.0925Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 329 - 342
https://doi.org/10.4467/20844131KS.12.025.0926Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 343 - 353
https://doi.org/10.4467/20844131KS.12.026.0927Mikołaj Tyrchan
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 355 - 373
https://doi.org/10.4467/20844131KS.12.027.0928Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 375 - 379
https://doi.org/10.4467/20844131KS.12.028.0929Dorota Malec
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 375 - 379
https://doi.org/10.4467/20844131KS.12.028.0929Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 295 - 305
https://doi.org/10.4467/20844131KS.12.023.0924Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 307 - 328
https://doi.org/10.4467/20844131KS.12.024.0925Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 329 - 342
https://doi.org/10.4467/20844131KS.12.025.0926Karol Siemaszko
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 343 - 353
https://doi.org/10.4467/20844131KS.12.026.0927Mikołaj Tyrchan
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 4, Volume 5 (2012), pp. 355 - 373
https://doi.org/10.4467/20844131KS.12.027.0928Publication date: 10.01.2013
Issue Editors:
Michał Jaskólski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 223 - 240
https://doi.org/10.4467/20844131KS.12.017.0918Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 241 - 254
https://doi.org/10.4467/20844131KS.12.018.0919Bogdan Szlachta
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 255 - 263
https://doi.org/10.4467/20844131KS.12.019.0920Katarína Fedorová
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 265 - 271
https://doi.org/10.4467/20844131KS.12.020.0921Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 287 - 293
https://doi.org/10.4467/20844131KS.12.022.0923Aneta Makowiec
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 287 - 293
https://doi.org/10.4467/20844131KS.12.022.0923Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 287 - 293
https://doi.org/10.4467/20844131KS.12.022.0923Michał Jaskólski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 223 - 240
https://doi.org/10.4467/20844131KS.12.017.0918Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 241 - 254
https://doi.org/10.4467/20844131KS.12.018.0919Bogdan Szlachta
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 255 - 263
https://doi.org/10.4467/20844131KS.12.019.0920Katarína Fedorová
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 265 - 271
https://doi.org/10.4467/20844131KS.12.020.0921Aneta Makowiec
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 3, Volume 5 (2012), pp. 287 - 293
https://doi.org/10.4467/20844131KS.12.022.0923Publication date: 09.12.2012
Issue Editors:
Adam Perłakowski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 133 - 147
https://doi.org/10.4467/20844131KS.12.011.0912Józef Andrzej Załuski, bishop of Kiev and the alleged author of Opisanie krótkie niektórych interessów wewnętrznych Najjaśniejszej Rzeczypospolitej Polskiej w roku 1762 (Brief description of some internal interests of the Eminent Polish Nobiliary Republic in 1762), tried to survey a series of opinions and reflections on the constitutional system of Poland at the decline of the reign of August III of Vettin dynasty and the beginning of reign of Stanisław August Poniatowski. The major element of Załuski’s analysis is his attitude toward liberum veto which was one of the most crucial elements of the Polish constitutional system. While perceiving the negative aspect of the abuse arising from the liberum veto, Załuski considered the latter to be the immanent part of the Polish constitution. He therefore regarded the liberum veto as something unavoidable and as something what produced a counterbalance vis-à-vis the voting by majority, the latter being applied in England, Sweden and Denmark. It is easy to observe that Załuski was a firm opponent of the majority vote system. What – in his opinion - was detrimental to the Polish Republic was the absence of the effective implementation of good laws. As a result he did not see any need for the introduction of new constitutional devices. The volume published by the bishop of Kiev assumed, to a large extent, also the shape of polemics conducted by him with Stanisław Konarski and with the treaty of the latter On the Effective Advice.
Piotr Suski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 149 - 162
https://doi.org/10.4467/20844131KS.12.012.0913The paper analyses the legal construction of the shares of Polish public companies in the 18th century. The analysis relied on the statutes and documents referring to the shares. The Woolen Products Manufacturing Company founded in 1766 should be considered the first Polish public company. Before 1795, i.e. after Poland lost her independence due to the third partition of the country, there had been established as many as seven companies of that type. The surviving projects of statutes show that the founding of several other companies was planned. The period in which the first Polish companies functioned was short and most of them were dissolved within a few years after they had been founded. This was due inter alia to the difficulties in collecting the capital fund. The preserved source materials allow for the analysis of the legal nature and function performed by the shares in the construction of these companies. The author believes that – in the light of statutory provisions and the documents referring to the shares - it is possible to regard the shares connected with the companies as a part of joint stock capital and the entirety of the rights of the shareholders and also disposable securities. In particular, the shares of the first Polish public companies may be attributed the nature of the part of joint stock capital of the value determined in the statute. This capital, collected through contributions made by the partners in return for obtaining a specified number of shares, was the basis on which there functioned each of the companies subjected to the analysis.
Paweł Malec-Lewandowski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 163 - 177
https://doi.org/10.4467/20844131KS.12.013.0914Tomasz Wieciech
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 179 - 191
https://doi.org/10.4467/20844131KS.12.014.0915Michał Baczkowski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 193 - 207
https://doi.org/10.4467/20844131KS.12.015.0916Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 209 - 222
https://doi.org/10.4467/20844131KS.12.016.0917Adam Perłakowski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 133 - 147
https://doi.org/10.4467/20844131KS.12.011.0912Józef Andrzej Załuski, bishop of Kiev and the alleged author of Opisanie krótkie niektórych interessów wewnętrznych Najjaśniejszej Rzeczypospolitej Polskiej w roku 1762 (Brief description of some internal interests of the Eminent Polish Nobiliary Republic in 1762), tried to survey a series of opinions and reflections on the constitutional system of Poland at the decline of the reign of August III of Vettin dynasty and the beginning of reign of Stanisław August Poniatowski. The major element of Załuski’s analysis is his attitude toward liberum veto which was one of the most crucial elements of the Polish constitutional system. While perceiving the negative aspect of the abuse arising from the liberum veto, Załuski considered the latter to be the immanent part of the Polish constitution. He therefore regarded the liberum veto as something unavoidable and as something what produced a counterbalance vis-à-vis the voting by majority, the latter being applied in England, Sweden and Denmark. It is easy to observe that Załuski was a firm opponent of the majority vote system. What – in his opinion - was detrimental to the Polish Republic was the absence of the effective implementation of good laws. As a result he did not see any need for the introduction of new constitutional devices. The volume published by the bishop of Kiev assumed, to a large extent, also the shape of polemics conducted by him with Stanisław Konarski and with the treaty of the latter On the Effective Advice.
Piotr Suski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 149 - 162
https://doi.org/10.4467/20844131KS.12.012.0913The paper analyses the legal construction of the shares of Polish public companies in the 18th century. The analysis relied on the statutes and documents referring to the shares. The Woolen Products Manufacturing Company founded in 1766 should be considered the first Polish public company. Before 1795, i.e. after Poland lost her independence due to the third partition of the country, there had been established as many as seven companies of that type. The surviving projects of statutes show that the founding of several other companies was planned. The period in which the first Polish companies functioned was short and most of them were dissolved within a few years after they had been founded. This was due inter alia to the difficulties in collecting the capital fund. The preserved source materials allow for the analysis of the legal nature and function performed by the shares in the construction of these companies. The author believes that – in the light of statutory provisions and the documents referring to the shares - it is possible to regard the shares connected with the companies as a part of joint stock capital and the entirety of the rights of the shareholders and also disposable securities. In particular, the shares of the first Polish public companies may be attributed the nature of the part of joint stock capital of the value determined in the statute. This capital, collected through contributions made by the partners in return for obtaining a specified number of shares, was the basis on which there functioned each of the companies subjected to the analysis.
Paweł Malec-Lewandowski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 163 - 177
https://doi.org/10.4467/20844131KS.12.013.0914Tomasz Wieciech
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 179 - 191
https://doi.org/10.4467/20844131KS.12.014.0915Michał Baczkowski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 193 - 207
https://doi.org/10.4467/20844131KS.12.015.0916Paweł Cichoń
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 2, Volume 5 (2012), pp. 209 - 222
https://doi.org/10.4467/20844131KS.12.016.0917Publication date: 19.10.2012
Issue Editors:
Michal Považan
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 1 - 12
https://doi.org/10.4467/20844131KS.12.003.0904Nowadays, the office of public prosecutor is the commonly accepted legal institution in the Western legal culture. Its existence is understood as something taken for granted. This was different in the Middle Ages. At first, the criminal trial proceedings were not distinguished from the civil ones, and therefore they were conducted on the basis of the same fundamental principles. There was no public authority engaged in instituting the criminal trial. The latter had to be instituted by private individuals who were the injured parties. This had an impact on the forming of the concept of crime which was not viewed as an offence against the society or the State but against the injured individual. The paper is concerned with the medieval Kingdom of Hungary and discusses the development of State structures, criminal substitutive law and the criminal procedure.
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 1 - 1
https://doi.org/10.4467/20844131KS.12.002.0903Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 1 - 1
https://doi.org/10.4467/20844131KS.12.001.0902Laudation of the ceremony renewal of Professor Stanislaw Grodziski’s doctorate after fifty years (Jagiellonian University in Krakow, Hall College Maius, April 11, 2011)
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 13 - 25
https://doi.org/10.4467/20844131KS.12.004.0905While exercising the state power, the Jagiellons instrumentally exploited the privileges granted to social groups or individuals. The privileges created a new legal state different from that secured by the Polish ius commune. The beneficiaries of the privileges were not only the royal and private towns but also the specific individuals. The latter were frequently the nobles or clergy as well as ecclesiastical institutions. In the towns the liberty-introducing privileges, issued for the possessors of landplots in the town, were detrimental not only to the royal but also to the municipal treasury. In addition these privileges were frequently bound with the court exemption. This meant that the dispute referring to the piece of land was subject to the competence of nobiliary or ecclesiastical courts. From the 15th century on, the royal towns used to obtain the assurance of the King who promised that he would refrain from issuing tax liberties for the benefit of individuals. But since the king excercised the power of issuing leges speciales he was not bound by promises he made. The policy pursued by the Jagiellons vis-a-vis the towns was the resultant of the policy that the kings pursued at home. This policy required efforts designed to construe and maintain political groupings. The royal towns, as a part of royal demesne, were the assets which were expected not so much to bring a pure income to the treasury but were instrumentally exploited for the governing of the country. They were considered to be the tool suitable for rewarding the loyal individuals. The issuing of tax exemption was therefore one of the instruments facilitating the government business. This instrument was obviously of smaller potence then ius distributiva, pledging royal demense, headships of villages as well as legacies on salt mines and customs. Nevertheless, this was the instrument worth noting. It was something what was not ignored either by chancellors or castellans.
Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 27 - 40
https://doi.org/10.4467/20844131KS.12.005.0906The author of the paper tries to identify the basic methodological assumptions of the personal pattern of the ideal ruler as presented by Machiavelli in his Il Principe. While comparing the “mirror of the Principe” elaborated by Machiavelli, with the Galileo’s pendulum that came to being 100 years later, one may observe significant similarity between the manures along which the two devices were construed. They both came to being as a result of some idealization. Both speculum and pendulum is exploited above all in order to demonstrate interrelations between major variables which determine the course followed by the phenomena which arouse interest of both authors. In case of Machiavelli, this is the wish to describe the mechanism that is responsible for the effective – i.e. the one that guarantees the political success – method of ruling. At the same time the selection of the procedure applied for idealization (the one that requires the considering of extreme cases or disregarding the less important ones) causes that the description of the Prince assumes mainly the theoretical and ostentatious values. Thanks to the outlined analogy between pendulum and speculum it is possible to present a hypothesis that the assessment of the factual political radicalism of the methods of controlling the state as proposed in Il Principe should take into consideration not only that content of these methods which pertains to their subject matter but also the methodological nature of the entire concept.
Marek Starý
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 41 - 49
https://doi.org/10.4467/20844131KS.12.006.0907The aim of this paper is to identify and describe basic mutual and different political and administrative characteristics of the lands under the rule of imperial generalissimo Albrecht of Waldstein. This man of Europian importance created in the twenties of the 17th century the Duchy of Frýdlant in north-eastern part of Bohemian Kingdom, moreover he became the ruler of German Duchy of Mecklenburg, as well as Emperor´s vassal in two Silesian Principalities, Sagan (1627) and Glogow (1632). It is quite interesting to learn about his arrangements in individual domains and to see, how some general principles of his reign were combined with specific steps proceeded from older particular traditions. It also shows undoubtedly, that Waldstein was really brilliant organiser, administrator and lawgiver who deserves intensive attention of legal history.
Jarosław Stolicki
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 51 - 66
https://doi.org/10.4467/20844131KS.12.007.0908
The paper discusses the function of the Seymik Marshall (which was equivalent to the English Speaker) under the reigns of Kings Michał Korybut and Jan III. The author based his analysis on the examples of assemblies convened to debate at Volhynia. The function of tha Marshall of the Seymik came to being after 1572. The significance of this function grew in the course of time but in the discussed period there was no enlargement of the Marshall’s competence despite the phenomenon of “limita” which appeared at that time. In these Seymik sources in which we find more detailed entries there may be encountered the information on both the function of Director and Marshall. The Director was the top-positioned officer of the voivodship. He commenced the debates and suggested who might be the candidate for the position of the Marshall. The Marshall presided over the Seymik. This activity was sometimes referred to as exercising the Directoriate. The formulas that were used on such occasions were, however, not always precise. Therefore, sometimes the Marshall was referred to as the Director. The difference between these two names is not detectable in the material referring to other Seymiks of the Polonia Minor.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 67 - 83
https://doi.org/10.4467/20844131KS.12.008.0909Libertas Scribendi – Libertas Philosophandi. Some Remarks On The Method Of Research In The Field Of Legal History In Relation To A Book By Jerzy Kolarzowski "Idea praw jednostki w pismach Braci Polskich. U narodzin nowożytnej noncepcji praw człowieka" ["The Idea of Individual Rights in the Writings of the Polish Brethren. Birth of the Concept of Human Rights"]
Warsaw University Press, Warsaw 2009, pp. 241
In discussion in which there participate almost all intellectuals (including the lawyers) who deal with broadly understood social sciences, the sintagma of human rights has been detectable for centuries. Its understanding however has been and still is ideologically conditioned. The present paper was inspired by Jerzy Kolarzewski’s monograph on Idea praw jednostki w pismach Braci Polskich. U narodzin nowożytniej koncepcji praw człowieka (The idea of rights of an individual as depicted in the papers of Polish Brethren. The genesis of modern concept of human rights) Warszawa 2009. The present contribution, apart from presenting the aforementioned study, tries to make a general reflection on the method of conducting legal history research by those who are engaged in seeking the links of “genetic” characters between the legal history phenomena and the phenomena of contemporary law. In other words the researchers that come into play are those who try to arrive at the moments of “concepts” of contemporary legal concepts, as set in history. These researchers try to juxtapose them upon the “genetic principle”.
Piotr Górski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 85 - 96
https://doi.org/10.4467/20844131KS.12.009.0910In the article the author refers to the critical remarks of his book “Professionalization of governmental administration in Poland 1918–1939: social and cultural condition” placed in the article of Janusz Mierzwa in “Cracow Studies of Consittutional and Legal History” vol. 4. Author points out to the misunderstanding of his book and not taking into account the purpose of the research and purposefully selected sources. Author takes a stance against the objections and states that beliefs expressed by Mierzwa in his article, do not help the cooperation between historians and sociologists.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 97 - 119
Chronicle of scholarly events (2011)
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 121 - 132
Stephen Batory ruled the Republic of the Two Nations for almost 11 years. The time of his reign was characterized by specifi c relationships between him and the Polish-Lithuanian General Seym. What was reflective of this specifi cacy were the Seym proceeding practices and the nature of the law-creating process. Since the reign of king Batory was short it is not easy to formulate the rules along which the aforementioned relationships developed.
The criterion that allowed to classify the major legislative acts produced at that time was that of who produced them (the criterion of the Legislator). Other criterion – for instance the traditional one based on the scope of legislative competence of the Seym and the king – would not be possible to apply. The point was that the division of matters into those left for the legislation as made by the king and those left for the legislative activities of the Seym was not dichotomous. In producing legal norms the two entities complemented each other. At the same time they also competed with each other. As a result two interesting phenomena were observable: the interchangeability of the two law-creating agencies, i.e. that of the king and that of the Seym, and also the fl exibility of the forms assumed by the legislative acts.
In the discussed period the legal norms of universally binding force were adopted at the central level either in the form of resolution as made by the General Seym or in the form of acts issued by the king. The act that was expected to be considered the legislative product of the Seym was the one which jointly fulfi lled two requirements. First, it had to be produced at the time and in the place of the Seym debates (therefore in most cases, although not always, there was made in it the allusion of the type: “at the General Seym”, in conventu generalis Regni nostri). The second thing, and simultaneously the most important one, was the information that was placed in the text of the act (unless the tenor of the information could be seen from the content of the act in an obvious way) that the act was produced “while following the advice of our Lords Counsellors and with the consent given by the Seym deputies representing the provinces (de consilio consiliariorum Nostrorum, consensusque omnium ordinum)”. Other legislative acts were qualifi ed as royal acts but the latter were not homogeneous. Thus the monarch could by himself produce universals (these were his own acts). On such occasion he operated as rex solus or cooperated with the senators (de consilio consiliariorum Nostrorum). He could also produce them upon the request and with the consent of the nobles (the so called approved acts), which was distinctly emphasized in the content of the act, the consensus of the nobles (of their representatives) to the specific provision being mentioned. The ruler acted in the capacity of the legislator both during the Seym debates as well as beyond the Seym. However the act published by the king even upon the consent of the Senators and the deputies representing the entire State was not considered to be the Seym-adopted act if it was issued beyond the place and beyond the time of the General Seym’s debates. What occurred sometimes were the combined (mixed) acts like for instance the so called Ekscepta mazowieckie. The Ekscepta were the act issued by the king on request of the Seym deputies representing the Mazovia Province. They were issued by the king beyond the place and time of the Seym debates on the basis of the document prepared in advance and submitted to the monarch, and eventually confirmed by him. One provision of the Ekscepta was however adopted by the Seym but was enclosed later to the entire text of the Ekscepta. Therefore the Ekscepta were of the nature of mixed act. Of similar nature was the Universal on tax collection of 1578. It was published as the king-issued act but, due to the specific history of its formulation, it was – from the perspective of Grand Duchy of Lithuania and almost the entire Crown (i.e. the Polish part of the Respublica) – considered to be the Seym-produced act. Also the so called Constitutions of the Grand Duchy of Lithuania seem to be an interesting type of legal acts. They should be classified as the royal ones.
While exploring the legislation of King Batory’s reign, it is possible to arrive at a conclusion that the Seym-adopted statutory law (the so called Seym-produced constitutions) and the king-issued Universals that used to replace the Seym-adopted law, occupied equal position. This equality was due to the fact that in the regular circumstances the provisions contained in the Universals would fi nd themselves in the acts adopted by the Seym. We may say that in the discussed era the provisions that would regulate the law-creating process were absent and consequently accounted for such phenomena as fl exibility of the forms of legal acts and the interchangeability of legislative devices.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 67 - 83
https://doi.org/10.4467/20844131KS.12.008.0909Libertas Scribendi – Libertas Philosophandi. Some Remarks On The Method Of Research In The Field Of Legal History In Relation To A Book By Jerzy Kolarzowski "Idea praw jednostki w pismach Braci Polskich. U narodzin nowożytnej noncepcji praw człowieka" ["The Idea of Individual Rights in the Writings of the Polish Brethren. Birth of the Concept of Human Rights"]
Warsaw University Press, Warsaw 2009, pp. 241
In discussion in which there participate almost all intellectuals (including the lawyers) who deal with broadly understood social sciences, the sintagma of human rights has been detectable for centuries. Its understanding however has been and still is ideologically conditioned. The present paper was inspired by Jerzy Kolarzewski’s monograph on Idea praw jednostki w pismach Braci Polskich. U narodzin nowożytniej koncepcji praw człowieka (The idea of rights of an individual as depicted in the papers of Polish Brethren. The genesis of modern concept of human rights) Warszawa 2009. The present contribution, apart from presenting the aforementioned study, tries to make a general reflection on the method of conducting legal history research by those who are engaged in seeking the links of “genetic” characters between the legal history phenomena and the phenomena of contemporary law. In other words the researchers that come into play are those who try to arrive at the moments of “concepts” of contemporary legal concepts, as set in history. These researchers try to juxtapose them upon the “genetic principle”.
Piotr Górski
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 85 - 96
https://doi.org/10.4467/20844131KS.12.009.0910In the article the author refers to the critical remarks of his book “Professionalization of governmental administration in Poland 1918–1939: social and cultural condition” placed in the article of Janusz Mierzwa in “Cracow Studies of Consittutional and Legal History” vol. 4. Author points out to the misunderstanding of his book and not taking into account the purpose of the research and purposefully selected sources. Author takes a stance against the objections and states that beliefs expressed by Mierzwa in his article, do not help the cooperation between historians and sociologists.
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 121 - 132
Stephen Batory ruled the Republic of the Two Nations for almost 11 years. The time of his reign was characterized by specifi c relationships between him and the Polish-Lithuanian General Seym. What was reflective of this specifi cacy were the Seym proceeding practices and the nature of the law-creating process. Since the reign of king Batory was short it is not easy to formulate the rules along which the aforementioned relationships developed.
The criterion that allowed to classify the major legislative acts produced at that time was that of who produced them (the criterion of the Legislator). Other criterion – for instance the traditional one based on the scope of legislative competence of the Seym and the king – would not be possible to apply. The point was that the division of matters into those left for the legislation as made by the king and those left for the legislative activities of the Seym was not dichotomous. In producing legal norms the two entities complemented each other. At the same time they also competed with each other. As a result two interesting phenomena were observable: the interchangeability of the two law-creating agencies, i.e. that of the king and that of the Seym, and also the fl exibility of the forms assumed by the legislative acts.
In the discussed period the legal norms of universally binding force were adopted at the central level either in the form of resolution as made by the General Seym or in the form of acts issued by the king. The act that was expected to be considered the legislative product of the Seym was the one which jointly fulfi lled two requirements. First, it had to be produced at the time and in the place of the Seym debates (therefore in most cases, although not always, there was made in it the allusion of the type: “at the General Seym”, in conventu generalis Regni nostri). The second thing, and simultaneously the most important one, was the information that was placed in the text of the act (unless the tenor of the information could be seen from the content of the act in an obvious way) that the act was produced “while following the advice of our Lords Counsellors and with the consent given by the Seym deputies representing the provinces (de consilio consiliariorum Nostrorum, consensusque omnium ordinum)”. Other legislative acts were qualifi ed as royal acts but the latter were not homogeneous. Thus the monarch could by himself produce universals (these were his own acts). On such occasion he operated as rex solus or cooperated with the senators (de consilio consiliariorum Nostrorum). He could also produce them upon the request and with the consent of the nobles (the so called approved acts), which was distinctly emphasized in the content of the act, the consensus of the nobles (of their representatives) to the specific provision being mentioned. The ruler acted in the capacity of the legislator both during the Seym debates as well as beyond the Seym. However the act published by the king even upon the consent of the Senators and the deputies representing the entire State was not considered to be the Seym-adopted act if it was issued beyond the place and beyond the time of the General Seym’s debates. What occurred sometimes were the combined (mixed) acts like for instance the so called Ekscepta mazowieckie. The Ekscepta were the act issued by the king on request of the Seym deputies representing the Mazovia Province. They were issued by the king beyond the place and time of the Seym debates on the basis of the document prepared in advance and submitted to the monarch, and eventually confirmed by him. One provision of the Ekscepta was however adopted by the Seym but was enclosed later to the entire text of the Ekscepta. Therefore the Ekscepta were of the nature of mixed act. Of similar nature was the Universal on tax collection of 1578. It was published as the king-issued act but, due to the specific history of its formulation, it was – from the perspective of Grand Duchy of Lithuania and almost the entire Crown (i.e. the Polish part of the Respublica) – considered to be the Seym-produced act. Also the so called Constitutions of the Grand Duchy of Lithuania seem to be an interesting type of legal acts. They should be classified as the royal ones.
While exploring the legislation of King Batory’s reign, it is possible to arrive at a conclusion that the Seym-adopted statutory law (the so called Seym-produced constitutions) and the king-issued Universals that used to replace the Seym-adopted law, occupied equal position. This equality was due to the fact that in the regular circumstances the provisions contained in the Universals would fi nd themselves in the acts adopted by the Seym. We may say that in the discussed era the provisions that would regulate the law-creating process were absent and consequently accounted for such phenomena as fl exibility of the forms of legal acts and the interchangeability of legislative devices.
Michal Považan
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 1 - 12
https://doi.org/10.4467/20844131KS.12.003.0904Nowadays, the office of public prosecutor is the commonly accepted legal institution in the Western legal culture. Its existence is understood as something taken for granted. This was different in the Middle Ages. At first, the criminal trial proceedings were not distinguished from the civil ones, and therefore they were conducted on the basis of the same fundamental principles. There was no public authority engaged in instituting the criminal trial. The latter had to be instituted by private individuals who were the injured parties. This had an impact on the forming of the concept of crime which was not viewed as an offence against the society or the State but against the injured individual. The paper is concerned with the medieval Kingdom of Hungary and discusses the development of State structures, criminal substitutive law and the criminal procedure.
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 1 - 1
https://doi.org/10.4467/20844131KS.12.002.0903Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 1 - 1
https://doi.org/10.4467/20844131KS.12.001.0902Laudation of the ceremony renewal of Professor Stanislaw Grodziski’s doctorate after fifty years (Jagiellonian University in Krakow, Hall College Maius, April 11, 2011)
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 13 - 25
https://doi.org/10.4467/20844131KS.12.004.0905While exercising the state power, the Jagiellons instrumentally exploited the privileges granted to social groups or individuals. The privileges created a new legal state different from that secured by the Polish ius commune. The beneficiaries of the privileges were not only the royal and private towns but also the specific individuals. The latter were frequently the nobles or clergy as well as ecclesiastical institutions. In the towns the liberty-introducing privileges, issued for the possessors of landplots in the town, were detrimental not only to the royal but also to the municipal treasury. In addition these privileges were frequently bound with the court exemption. This meant that the dispute referring to the piece of land was subject to the competence of nobiliary or ecclesiastical courts. From the 15th century on, the royal towns used to obtain the assurance of the King who promised that he would refrain from issuing tax liberties for the benefit of individuals. But since the king excercised the power of issuing leges speciales he was not bound by promises he made. The policy pursued by the Jagiellons vis-a-vis the towns was the resultant of the policy that the kings pursued at home. This policy required efforts designed to construe and maintain political groupings. The royal towns, as a part of royal demesne, were the assets which were expected not so much to bring a pure income to the treasury but were instrumentally exploited for the governing of the country. They were considered to be the tool suitable for rewarding the loyal individuals. The issuing of tax exemption was therefore one of the instruments facilitating the government business. This instrument was obviously of smaller potence then ius distributiva, pledging royal demense, headships of villages as well as legacies on salt mines and customs. Nevertheless, this was the instrument worth noting. It was something what was not ignored either by chancellors or castellans.
Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 27 - 40
https://doi.org/10.4467/20844131KS.12.005.0906The author of the paper tries to identify the basic methodological assumptions of the personal pattern of the ideal ruler as presented by Machiavelli in his Il Principe. While comparing the “mirror of the Principe” elaborated by Machiavelli, with the Galileo’s pendulum that came to being 100 years later, one may observe significant similarity between the manures along which the two devices were construed. They both came to being as a result of some idealization. Both speculum and pendulum is exploited above all in order to demonstrate interrelations between major variables which determine the course followed by the phenomena which arouse interest of both authors. In case of Machiavelli, this is the wish to describe the mechanism that is responsible for the effective – i.e. the one that guarantees the political success – method of ruling. At the same time the selection of the procedure applied for idealization (the one that requires the considering of extreme cases or disregarding the less important ones) causes that the description of the Prince assumes mainly the theoretical and ostentatious values. Thanks to the outlined analogy between pendulum and speculum it is possible to present a hypothesis that the assessment of the factual political radicalism of the methods of controlling the state as proposed in Il Principe should take into consideration not only that content of these methods which pertains to their subject matter but also the methodological nature of the entire concept.
Marek Starý
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 41 - 49
https://doi.org/10.4467/20844131KS.12.006.0907The aim of this paper is to identify and describe basic mutual and different political and administrative characteristics of the lands under the rule of imperial generalissimo Albrecht of Waldstein. This man of Europian importance created in the twenties of the 17th century the Duchy of Frýdlant in north-eastern part of Bohemian Kingdom, moreover he became the ruler of German Duchy of Mecklenburg, as well as Emperor´s vassal in two Silesian Principalities, Sagan (1627) and Glogow (1632). It is quite interesting to learn about his arrangements in individual domains and to see, how some general principles of his reign were combined with specific steps proceeded from older particular traditions. It also shows undoubtedly, that Waldstein was really brilliant organiser, administrator and lawgiver who deserves intensive attention of legal history.
Jarosław Stolicki
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 51 - 66
https://doi.org/10.4467/20844131KS.12.007.0908
The paper discusses the function of the Seymik Marshall (which was equivalent to the English Speaker) under the reigns of Kings Michał Korybut and Jan III. The author based his analysis on the examples of assemblies convened to debate at Volhynia. The function of tha Marshall of the Seymik came to being after 1572. The significance of this function grew in the course of time but in the discussed period there was no enlargement of the Marshall’s competence despite the phenomenon of “limita” which appeared at that time. In these Seymik sources in which we find more detailed entries there may be encountered the information on both the function of Director and Marshall. The Director was the top-positioned officer of the voivodship. He commenced the debates and suggested who might be the candidate for the position of the Marshall. The Marshall presided over the Seymik. This activity was sometimes referred to as exercising the Directoriate. The formulas that were used on such occasions were, however, not always precise. Therefore, sometimes the Marshall was referred to as the Director. The difference between these two names is not detectable in the material referring to other Seymiks of the Polonia Minor.
Krzysztof Fokt
Cracow Studies of Constitutional and Legal History, Volume 5, Issue 1, Volume 5 (2012), pp. 97 - 119
Chronicle of scholarly events (2011)
Publication date: 31.12.1969
Voluime Editors:
Elena Giannozzi
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 13 - 19
https://doi.org/10.4467/20844131KS.12.001.0502The objective of this contribution is to analyse the meaning of the expression uti frui arbitrio boni viri. This expression is contained in one of the clauses of the cautio fructuaria, which is the warranty given by the usufructuary to the owner. We can find this expression in a dozen passages of the Digest. The entire title 9 of book seven is dedicated to the cautio fructuaria, which was given in the form of a stipulatio praetoria. Uti frui arbitrio boni viri raises a question, that this paper aims to answer: does it refer to an arbitrator or to an abstract standard of behaviour? The expression arbitrium boni viri is not the only one that we fi nd in our sources. In fact there is a concurrent expression, diligens pater familias, which can be found in two passages of the Digest and in two passages of the Pauli Sententiae. I aim to understand why our sources left us two different expressions and if there is a difference between them.
Mark R. Munzinger
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 21 - 41
https://doi.org/10.4467/20844131KS.12.002.0503“Text and Textualization” examines the various symbolic and practical uses of a law book possessed by the High Court of Magdeburg Law at the Castle of Kraków through the entirety of its four centuries of operation. The essay contends that this book, now preserved at the library of the Jagiellonian University as manuscript codex BJ 168, played a vital symbolic role alongside its practical function. In the course of detailing these aspects, the study suggests that the multiple purposes for which the codex was used are illustrative of several aspects of the court’s peculiar culture during its medieval period of operation and beyond. Methodologically, the essay employs the notion of textualization as a tool for understanding what roles codex BJ 168 played in the context of the culture of the court and how its component texts represented different varieties of legal consciousness within that culture. First, the essay argues that the codex served an important purpose as a textualized object – as the symbolic representation of the Ius supremum Magdeburgense castri Cracoviensis and all that it signifi ed. Secondly, the codex served as an exemplar of ius scriptum – law literally textualized – that composed a repository of, and reference to, the law represented by the Ius supremum. The essay ultimately argues that the dual function of the codex, which dates to the court’s fourteenth-century foundation, points to the complexity of the social and cultural context in which later medieval legal development occurred. Indeed, this duality represents a general transformation in the broader legal culture of Latin Christendom – a culture that was marked by the coexistence of different perspectives in legal consciousness – and suggests that elements of both continuity and change can comfortably coexist within a legal culture over long historical periods.
Manfred Baldus
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 43 - 51
https://doi.org/10.4467/20844131KS.12.003.0504The historical experience of the Nazi era and the former GDR caused that nowadays the public in Germany gives particular attention to the Constitutional State (Rechtstaat). In everyday routine the Constitutional State appears particularly under the slogan of legal protection, judicial control as excercised by independent judiciary, the fair trial, the judicial hearing and the stages of appeal. The author describes the topical problem of the Constitutional State, the tension between the legal certainty and justice, parliament and jurisdiction, and illustrates his discussion with practical examples. Like any other societas constituta et ordinata thus also the Church needs judicial authorities to settle its internal conflicts. The author reports the efforts that are made to reduce the evident deficit in the legal protection (e.g. in the areas of labour law and penal law) mainly on the level of local Church.
Anne-Sophie Chambost
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 53 - 66
https://doi.org/10.4467/20844131KS.12.004.0505In 1848, Pierre-Joseph Proudhon (1809–1865) refused to yield to the enthusiasm of the Republican Camp about universal suffrage and the link established between political and social reforms. In his first book published after the Revolution of February (La solution du probléme social), he questioned the legitimacy of the republican conception of representation. But if the short history of the Second Republic soon confirmed his fears about the abuses inherent in representation, his criticism of universal suffrage sounds still useful when we want to apprehend the present day debate devoted to direct democracy.
In any presidential system, the time of elections becomes the moment when a nation looks at themselves. In France, as in many other western countries, the elections bring substantial debates about the democracy. In 2007, the calls for direct democracy made up a central point of political debates and were related to a long time defiance to the representative system. They strangely echoed the debates that took place in the Second Republic after the deputies’ betrayal of the electoral law of May 31, 1850. In the article we show how Proudhon’s political thought can help us think about direct democracy.
Eszter Cs. Herger
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 67 - 76
https://doi.org/10.4467/20844131KS.12.005.0506The paper discusses the extent to which the 19th century regulations of alimonies as awarded within the frame of matrimonial relationships had an impact on the formation of claims of alimony as found in the Hungarian Code of Private Law of 1928. The paper discusses the alimony as paid to one of the spouses at the time when the matrimonial tie was still continued but also when the alimony was granted as a temporary device and also when it was awarded after the divorce decree had been granted.
István Kajtár
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 77 - 86
https://doi.org/10.4467/20844131KS.12.006.0507The essay recalls the professional activities of Hungarian lawyers between 1919 and 1944 as well as the basics of the law and order applied by them. It also deals with the institutional foundations of Hungarian legal education. At that time education was built on two pillars: universities of sciences and so-called legal academies. The law faculties of universities alone were privileged to issue the Juris Doctor degree. Budapest, Debrecen, Szeged and Pécs hosted such universities. Pécs faculty started its operation in 1923 after being transferred from Pozsony. After depicting the Hungarian legal system the author focuses his attention on the Faculty of Law and Political Science in Pécs. He introduces the history of the Faculty’s architecture, its symbols as well as its objects of memory. Between 1923 and 1944 many distinguished professors taught at the Faculty. What is worth recalling are not only their scholarly merits but also their characters and habituses. The memory of these scholars is kept by the classrooms that were named after them. Finally, an insight is provided into the colorful world of law student associations in Pécs and the buzzing life of undergraduates.
Krisztina Korsósné Delacasse
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 87 - 94
https://doi.org/10.4467/20844131KS.12.007.0508Thanks to efforts made by the Hungarian Royal Curia which expressed its concern for law unification there appeared in Hungary in the 1920’s. the so called Process Commission. Its activities provoked an animated discussion among the representatives of the law research. The paper focuses on commenting the arguments raised by the researchers involved in the dispute.
Zsuzsanna Peres
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 95 - 107
https://doi.org/10.4467/20844131KS.12.008.0509The paper discusses the Hungarian legislation that regulated the ownership referring to real property in the period between the World Wars. The discussion included also the review of the law on colonization and division of the land, as well as the law on bank loans offered to those who were professionally engaged in farming. In addition, the authoress made an analysis of the archaic institution of fideicomissum. While depicting the background of legislative efforts of the time, the authoress recalled the developments that took place prior to the discussed changes in the ownership relationships. Therefore she discussed also the 19th century reforms that abolished serfdom and serf labour, introduced the land and mortgage register etc.
Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 109 - 116
https://doi.org/10.4467/20844131KS.12.009.0510In the first decades of the 20th century, broad recognition of Francis Galton’s eugenics resulted in the implementation of its demands in the form of eugenic legislation. Particularly drastic form of the latter were sterilization laws, first introduced in the US State of Indiana in 1907, and later in most of the other states, and during the interwar period, several European countries. Between 1934 and 1936 under the influence of the Western “achievements”, especially the German law of 1933, the failed attempts to introduce compulsory sterilization were also undertaken in the Second Polish Republic. When analyzing the regulations proposed by Leo Wernic, the president of the Polish Eugenic Society, it would be advisable to bring in the sterilization laws adopted and applied on a large scale in the United States of America. In the “homeland” of eugenics legislation, the model sterilization law had been already prepared in 1914, and the Supreme Court of the United States upheld its constitutionality in the notorious Buck v. Bell case in 1927.
Tomasz Janik , Maciej Janik
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 117 - 134
https://doi.org/10.4467/20844131KS.12.010.0511Article is devoted to the issue return to the Polish Poles since the end of World War II after the turn of the time associated with the collapse of the Soviet Union. It is a description of the tests and methods of approach to this compelling phenomenon of migration that is repatriation, in the framework of administrative and legal solutions.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 137 - 140
Janusz Mierzwa
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 141 - 152
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 153 - 155
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 159 - 161
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 137 - 140
Janusz Mierzwa
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 141 - 152
Marek Strzała
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 153 - 155
Elena Giannozzi
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 13 - 19
https://doi.org/10.4467/20844131KS.12.001.0502The objective of this contribution is to analyse the meaning of the expression uti frui arbitrio boni viri. This expression is contained in one of the clauses of the cautio fructuaria, which is the warranty given by the usufructuary to the owner. We can find this expression in a dozen passages of the Digest. The entire title 9 of book seven is dedicated to the cautio fructuaria, which was given in the form of a stipulatio praetoria. Uti frui arbitrio boni viri raises a question, that this paper aims to answer: does it refer to an arbitrator or to an abstract standard of behaviour? The expression arbitrium boni viri is not the only one that we fi nd in our sources. In fact there is a concurrent expression, diligens pater familias, which can be found in two passages of the Digest and in two passages of the Pauli Sententiae. I aim to understand why our sources left us two different expressions and if there is a difference between them.
Mark R. Munzinger
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 21 - 41
https://doi.org/10.4467/20844131KS.12.002.0503“Text and Textualization” examines the various symbolic and practical uses of a law book possessed by the High Court of Magdeburg Law at the Castle of Kraków through the entirety of its four centuries of operation. The essay contends that this book, now preserved at the library of the Jagiellonian University as manuscript codex BJ 168, played a vital symbolic role alongside its practical function. In the course of detailing these aspects, the study suggests that the multiple purposes for which the codex was used are illustrative of several aspects of the court’s peculiar culture during its medieval period of operation and beyond. Methodologically, the essay employs the notion of textualization as a tool for understanding what roles codex BJ 168 played in the context of the culture of the court and how its component texts represented different varieties of legal consciousness within that culture. First, the essay argues that the codex served an important purpose as a textualized object – as the symbolic representation of the Ius supremum Magdeburgense castri Cracoviensis and all that it signifi ed. Secondly, the codex served as an exemplar of ius scriptum – law literally textualized – that composed a repository of, and reference to, the law represented by the Ius supremum. The essay ultimately argues that the dual function of the codex, which dates to the court’s fourteenth-century foundation, points to the complexity of the social and cultural context in which later medieval legal development occurred. Indeed, this duality represents a general transformation in the broader legal culture of Latin Christendom – a culture that was marked by the coexistence of different perspectives in legal consciousness – and suggests that elements of both continuity and change can comfortably coexist within a legal culture over long historical periods.
Manfred Baldus
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 43 - 51
https://doi.org/10.4467/20844131KS.12.003.0504The historical experience of the Nazi era and the former GDR caused that nowadays the public in Germany gives particular attention to the Constitutional State (Rechtstaat). In everyday routine the Constitutional State appears particularly under the slogan of legal protection, judicial control as excercised by independent judiciary, the fair trial, the judicial hearing and the stages of appeal. The author describes the topical problem of the Constitutional State, the tension between the legal certainty and justice, parliament and jurisdiction, and illustrates his discussion with practical examples. Like any other societas constituta et ordinata thus also the Church needs judicial authorities to settle its internal conflicts. The author reports the efforts that are made to reduce the evident deficit in the legal protection (e.g. in the areas of labour law and penal law) mainly on the level of local Church.
Anne-Sophie Chambost
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 53 - 66
https://doi.org/10.4467/20844131KS.12.004.0505In 1848, Pierre-Joseph Proudhon (1809–1865) refused to yield to the enthusiasm of the Republican Camp about universal suffrage and the link established between political and social reforms. In his first book published after the Revolution of February (La solution du probléme social), he questioned the legitimacy of the republican conception of representation. But if the short history of the Second Republic soon confirmed his fears about the abuses inherent in representation, his criticism of universal suffrage sounds still useful when we want to apprehend the present day debate devoted to direct democracy.
In any presidential system, the time of elections becomes the moment when a nation looks at themselves. In France, as in many other western countries, the elections bring substantial debates about the democracy. In 2007, the calls for direct democracy made up a central point of political debates and were related to a long time defiance to the representative system. They strangely echoed the debates that took place in the Second Republic after the deputies’ betrayal of the electoral law of May 31, 1850. In the article we show how Proudhon’s political thought can help us think about direct democracy.
Eszter Cs. Herger
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 67 - 76
https://doi.org/10.4467/20844131KS.12.005.0506The paper discusses the extent to which the 19th century regulations of alimonies as awarded within the frame of matrimonial relationships had an impact on the formation of claims of alimony as found in the Hungarian Code of Private Law of 1928. The paper discusses the alimony as paid to one of the spouses at the time when the matrimonial tie was still continued but also when the alimony was granted as a temporary device and also when it was awarded after the divorce decree had been granted.
István Kajtár
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 77 - 86
https://doi.org/10.4467/20844131KS.12.006.0507The essay recalls the professional activities of Hungarian lawyers between 1919 and 1944 as well as the basics of the law and order applied by them. It also deals with the institutional foundations of Hungarian legal education. At that time education was built on two pillars: universities of sciences and so-called legal academies. The law faculties of universities alone were privileged to issue the Juris Doctor degree. Budapest, Debrecen, Szeged and Pécs hosted such universities. Pécs faculty started its operation in 1923 after being transferred from Pozsony. After depicting the Hungarian legal system the author focuses his attention on the Faculty of Law and Political Science in Pécs. He introduces the history of the Faculty’s architecture, its symbols as well as its objects of memory. Between 1923 and 1944 many distinguished professors taught at the Faculty. What is worth recalling are not only their scholarly merits but also their characters and habituses. The memory of these scholars is kept by the classrooms that were named after them. Finally, an insight is provided into the colorful world of law student associations in Pécs and the buzzing life of undergraduates.
Krisztina Korsósné Delacasse
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 87 - 94
https://doi.org/10.4467/20844131KS.12.007.0508Thanks to efforts made by the Hungarian Royal Curia which expressed its concern for law unification there appeared in Hungary in the 1920’s. the so called Process Commission. Its activities provoked an animated discussion among the representatives of the law research. The paper focuses on commenting the arguments raised by the researchers involved in the dispute.
Zsuzsanna Peres
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 95 - 107
https://doi.org/10.4467/20844131KS.12.008.0509The paper discusses the Hungarian legislation that regulated the ownership referring to real property in the period between the World Wars. The discussion included also the review of the law on colonization and division of the land, as well as the law on bank loans offered to those who were professionally engaged in farming. In addition, the authoress made an analysis of the archaic institution of fideicomissum. While depicting the background of legislative efforts of the time, the authoress recalled the developments that took place prior to the discussed changes in the ownership relationships. Therefore she discussed also the 19th century reforms that abolished serfdom and serf labour, introduced the land and mortgage register etc.
Piotr Michalik
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 109 - 116
https://doi.org/10.4467/20844131KS.12.009.0510In the first decades of the 20th century, broad recognition of Francis Galton’s eugenics resulted in the implementation of its demands in the form of eugenic legislation. Particularly drastic form of the latter were sterilization laws, first introduced in the US State of Indiana in 1907, and later in most of the other states, and during the interwar period, several European countries. Between 1934 and 1936 under the influence of the Western “achievements”, especially the German law of 1933, the failed attempts to introduce compulsory sterilization were also undertaken in the Second Polish Republic. When analyzing the regulations proposed by Leo Wernic, the president of the Polish Eugenic Society, it would be advisable to bring in the sterilization laws adopted and applied on a large scale in the United States of America. In the “homeland” of eugenics legislation, the model sterilization law had been already prepared in 1914, and the Supreme Court of the United States upheld its constitutionality in the notorious Buck v. Bell case in 1927.
Tomasz Janik , Maciej Janik
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 117 - 134
https://doi.org/10.4467/20844131KS.12.010.0511Article is devoted to the issue return to the Polish Poles since the end of World War II after the turn of the time associated with the collapse of the Soviet Union. It is a description of the tests and methods of approach to this compelling phenomenon of migration that is repatriation, in the framework of administrative and legal solutions.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 4, Volume 4 (2011), pp. 159 - 161
Publication date: 2010
Volume Editors: Wacław Uruszczak, Dorota Malec, Maciej Mikuła
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 17 - 25
Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 29 - 35
The article is based on the source that has hitherto not been exploited. The source which is a fragment of the diary that was taken down by professor Stanisław Tarnowski. The fragment covers the years 1846–1873 and makes up so called Dzików Chronicle that had survived the fi re that broke out in Dzików in 1927. It functions as a supplement to the biography of this eminent scholar whose research was focused on the history of Polish literature.
The described developments as seen by the representative of big landowners, were juxtaposed with another known diary, that written by Jan Słomka, a peasant who was the inhabitant of the aforementioned Dzików. What is interesting is the comparison on opinions of two individuals: the one who was the inhabitant of the Palace and the other who was his subject and who lived in the village that belonged to the Palace. The comparison in question referred to the developments of 1846, 1848 and 1863. In a lot of details the opinion uttered by the two coincided. The present contribution is therefore a slight supplement to the history of conservatism in Galicia.
Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 37 - 49
Pursuant to the maxim that actio personalis moritur cum persona, the claims and debts of the party become extinct on the day of its death. That is the reason why in English common law the successors could not sue their predecessor’s debtors; on the other hand, they were protected against the creditors of the deceased. It is difficult to exaggerate the importance of doctrine for the legal relations, especially within the scope of contract law.
In the early years (12th–13th centuries) of the functioning of the doctrine nearly all personal actions came into play. However, lawyers began to create more and more exceptions that narrowed the maxim’s impact. As a result, at the beginning of the 17th century (the Pynchon’s case, 1611) the court had in fact transformed the doctrine of actio personalis moritur cum persona into the exception.
It is worthwhile to note that the maxim’s history may act as an example of the peculiarity of English law and the domination of its procedural rules. Throughout the centuries the most important reason against the transmission of rights and duties was the practical impossibility of the wager of law’s application. In that case lawyers could only modify rules of evidence. Instead, in England it was decided to treat the claims and debts of the deceased as extinct. As a result, the consequences of the actio personalis moritur cum persona doctrine went much too far.
Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 51 - 62
It was in the patrimonial state that the lawyers began to function as a professional group. In the course of time they began to make up an elite of the population of the nobiliary Commonwealth. Soon however there appeared the negative aspects of their activities. The authors of the Polish works on law were concerned with the professional and moral qualifications of lawyers. This referred particularly to the municipal law. The fragments devoted to this question may be found inter alia in the 16th century translations of the sources of the Magdeburg Law, the translations being of Barłomiej Groicki’s (1519/1534–1605) and Paweł Szczerbic’s (1552–1609) authorship. The heavy professional and the ethical demands made on lawyers referred in particular to the judges. What he authors of works on municipal law condemned was the judges’ poor knowledge of law, partiality, corruption, vulnerability to emotions on occasion of producing judgments and desire for distinctions. On the other hand there functioned many requirements that had to be fulfilled by the candidate to the position of the judge. Among these requirements there were inter alia those referring to faith, health, age, sex and social status. The deficiency of the right educational background in law and the weaknesses in the right conducting of the proceedings were particularly visible in case of the penal law. The judges were brought to severe liability for the inappropriate performing of their profession. The high requirements in the area of the perfect knowledge of law, as well as in the area of ethics, applied also to the lawyers other than judges, mostly to the representatives of the parties (referred to by the phrase procurators) and to the lay assessors.
Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 63 - 87
Under the rule of Grand Duke of Tuscany Peter Leopold there were undertaken in this Duchy some reforms of relationships between the State and the Church. The reforms reached their climax an occa sion of the Synod of Pistoia. It has been for a long time now that the historians had a concern in them. What makes up a particularly interesting but simultaneously controversial problem are the doctrinal roots of the discussed reforms. What is in dispute is the question of Italian Jansenism. The Italian his‐ torians usually emphasize that such Jansenism existed, this opinion being challenged or even rejected by some English and French historians. The latter argue that Jansenism, as fully developed theological doctrine, was detectable only in France. Likewise, these historians claim that in case of the reception of Jansenism we in fact deal only with the shallow and primitive substitution of the views articulated by the bishop of Ypres. The article tries to demonstrate that it is not possible to speak of only one in‐ tellectual tendency that decidedly affected the shape and the course of the discussed reforms. It was sometimes fairly incidental and not perfectly coherent mélange of various political, legal, theological and economic tendencies, not infrequently distant one from another, that made up the intellectual basis of the work that was focused on the change of the Church relationships in the Grand Duchy of Tuscany.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 89 - 98
The Archbishop of Gniezno who was the first senator of the Polish‐Lithuanian Republic, played one of the most significant roles in the State. His significance was due to this rights of vicarii regis that were granted to him as early as during the reign of Władysław Jagiełło. These rights were however not precisely formulated. The Archbishop of Gniezno performed the function of vicarious regis only sporadically, when this was indispensable. His position in this respect was subjected to legal regulations during the elective King’s era. The emergencies of the hour lead to the regulation of the Archbishop’s competence on occasion of Sigismund III’s trip abroad. Archbishop as Primate of Poland was authorized to call the Senate (but not the Seym) in order to receive the legations arriving in Poland (but only those arriving from Turkey, Tartar State or Muscovy). Also, if the State was threatened by an unexpected attack of the enemy the Archbishop could call the Senators to facilitate their joint proclaiming the third summons to arms addressed to levy in mass. According to the common belief, Primate Stanislaw Karnkowski exceeded his competence. Therefore in 1598, before the next trip of the monarch there was a tendency toward limiting his power to take the decisions unipersonally. The Archbishop however decidedly oppose the idea of limiting the power that he exercised in the King’s absence. The developments of the 1590s (organization of the assemblies of the nobles who protested against the poll‐tax) as well as those of 1593–94 and of 1598–99, testify to the emancipating efforts as made by the Primate in order to arrive at the specific political goals.
Dorota Malec, Jerzy Malec
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 99 - 109
Wincenty Szpor (1796–1856) was a Cracow advocate and the Senator of the Free City of Cracow in the years 1848–1850. Likewise, he lectured on political skills and statistics at the Law Faculty of the Jagiellonian University. In the years 1827, 1830, 1834, 1847 he repeatedly entered the competition for the Heard of the Chair of Political Skills. On the successive competitions he unsuccessfully rivalled with Ferdynand Kojsiewicz. As a result it was only after the Kojsiewicz’s death that he arrived at the position of the deputy professor. After 1848, due to political reasons, the Austrian authorities did not agree to stabilize his position. It was in 1828 that W. Szpor, while fulfilling the competition requirements for the Chair, submitted to the Commission his ample program of the lecture on political skills. The program suggested by Szpor was well prepared and clear in its form and contents. It was based rather on the assumptions of the Enlightenment era and only to a slight extent it drew upon the assumptions of the spontaneously developing administrative sciences. Therefore in such form the lecture doubtless fell short of the expectations of the mid‐19th century which was the time when Szpor eventually started his much desired academic career. That way or another, Szpor’s program – particu‐ larly when viewed from the perspective of the programs prepared at similar time by M. Hoszowski,F. Kojsiewicz and P. Bartynowski – makes up an interesting document illustrative of the history of the world of learning and instruction in law. It is also illustrative of the situation of administrative sciences in the first part of the 19th century.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 111 - 119
The author of this work presents ideological currents which led to establishing, in the second half of the 20th century in Habsburg monarchy, a strong current of reformist ideology in the Church called Theresianism and Josephinism. The author describes Jansenism which appeared in the Netherlands and then in France in the 17th century, Gallicanism, Episcopalism dating back to medieval Concilliarism and also Febronianism. These currents were established in different countries and led to the “The New Thinking” in Austria which resulted in the reforms carried out in relations between the State and the Church in Galicia. They had diverse character in the reign of Maria Theresa and Joseph II and were characterized by considerable radicalism.
Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 121 - 129
De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum, the work by Artur Duck was published in London in 1653 In his work he analysed the position and infl uence of Roman Law in fifteen countries of the 17th‐century Europe. Apart from England, Scotland and Ireland, he researched the German Empire, France with Belgium, Italy, Sicily and Naples, Poland, Hungary, Bohemia, Spain, Portugal, Denmark and Sweden. Although Duck was an Englishman, he admired Roman Law and believed it could unify and consolidate the legal systems of Christian Europe. His work shows deep knowledge of how the legal systems of the 17th‐century Europe were organized and influenced by Roman Law. Although his work has remained forgotten for centuries, contemporary scholars are attempting to restore it to its proper position. Although the chapter concerning the Kingdom of Bohemia appears relatively short, it gives basic and true information on the Bohemian state and legal system. Duck used over twenty books of various authors, to mention only Goldast, Dubravius, Arumaeus, Besold, Mynsinger, Gail, Muscorn and Kromer. In his view, German emperor did not have a direct power over Bohemians, though Bohemian kings were not entirely independent. He stresses that Bohemians never accepted being a part of the German Empire. They had their own laws, to some extent based on the Roman Law, particularly in the fi eld of the municipal laws, derived from ius saxonicum. Duck believes that the Roman Law was the Bohemian ius commune, as it was said to be in Germany.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 131 - 143
The testamentary disposition was subjected to the regulation in the Lithuanian Statutes (of 1529, 1566, 1588) which were tantamount to the codification of law in the Grand Duchy of Lithuania. In the First Statute (of 1529) the regulation was not much extended but in the next Statutes it developed. When compared with the First Statute, the regulations found in the Statutes that followed were responsible not only for the increase in questions that were subjected to regulations but also for the deep modification of the subject‐of‐law scope of testamentary succession. This was due to the general tendency detectable in the evolving Lithuanian law. The tendency consisted in the facilitating of the conclusions of inter vivos legal transactions referring to the real property. This had positive effects on economic development. At the same time the control of the monarch over the alienation of real property was dropped (1566). On the other hand there was imposed the ban on the testamentary dispositions referring to the real property. This inter alia was designed to protect the family property against the legacies made for the benefit of Church institutions. As a result, the Lithuanian testament, which preciously followed the German pattern and was a collection of legacies, became, upon the Second Lithuanian Statute, the instrument designed to dispose exclusively of the movables.
Tomasz Palmirski, Karol Zawiślak
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 145 - 155
Today, by applying various diverse criteria to a wide range of legal persons, certain types thereof can be distinguished. The classical distinction, which is based upon the fact of participating in organizational structures of legal persons, is the division into two: legal entities of foundation (non‐ profit) vs. legal entities of corporation type. In the first part of the case study contained herein, the subject of principal considerations will be the freedom of association in the perspective of legal provisions enacted in Poland. If therefore the membership accounts for a distinctive factor of corporations, a defi nite number of members constituting the corporation is equally vital for the formation and functioning of the above‐mentioned legal persons’ types. This however appears to be a way of limitation of the freedom of association. In this context the distinguished point of reference for the respective considerations in the second part of the article is the Roman law rule of tres faciunt collegium.
Magdalena Piotrowska
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 157 - 172
Franciszek Xawery Fierich (1860–1928) was one of the most highly qualified Polish lawyers of the period of twenty years of independence after the World War I. He was the Professor at the Jagiellonian University, the civil procedure specialist, the President of the Codification Commission. His legal opinions influenced the form of code of civil procedure of 1930. Franciszek Xawery Fierich was the reporter of the Civil Procedure Section in the Codification Commission, who worked out (among other things) the part of code of civil procedure concerning proceedings before the Supreme Court. He was the supporter of the cassation system.
Jarosław Reszczyński
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 173 - 207
Among the historians there are often disputes about the origin of a legal norm. The establishing of this origin is particularly significant when the norms that are binding in the given communities resemble those that are known to have been binding in other periods of time and on other territories. The resemblance of the norms results from various forms of legal culture diffusion (including the resemblance resulting from the reception of law provisions). Likewise, the resemblance may result from the parallel evolution (cultural convergence). What plays an essential role in a certain field of law are also the primeval common elements or the cultural universals, derived from the most remote stages of the development of mankind. What offers interesting examples in this respect is the analysis of the principles of penalizing the magic practices as well as the analysis of types of evidence designed to prove the truthfulness of facts presented at the trial whenever the reality of witchcraft and its effects are acknowledged. In the present paper the starting point is the story told by Arab traveller Ibn Battuta about the trial of the witch accused in 1340, in India, of putting on a form of the hyena and killing a young boy. In the evidentiary proceedings the ordeal of water was applied and the accused, when found guilty, was condemned to death by being burned at the stake. The description in question includes numerous elements characteristic of the trial of witches in Europe at the beginning of modern era. It may be found that the belief that human beings may be transformed into animals and that women, while putting on a magic form, may kill young men, was widely spread in all remote cultures and is confirmed by numerous sources. The penalizing of witchery appears in the oldest relicts of law, those that are four thousand‐year old story. This penalizing has survived until now in the customary law of many peoples of Africa, Asia and Oceania. This is not witchery as such that is penalized (the useful magic is accepted) but only such practices which – according to the opinion of the groups and communities – cause harm and are “socially noxious”. In the oldest communities the “spontaneous primeval norms” protect above all life and health of human beings as well as the basis of their existence. As the structures of state power develop the norms of the law impose the punishments also for the witchery that hits the basic system and doctrinal values (including the penalties for behaviour challenging the recognized religion).
In the medieval trials of witches, Christianity and the late Roman understanding of the crime of apostasy were invoked as justification. In Hindu law, in its turn, the primeval values (life) were pointed to as what was mostly defended. The need to arrive at the national establishing of the trial facts, visible in all cultures, contrasted, in case of crime of witchcraft, with the irrationality of matter and the impossibility of applying the objective criteria for the evaluation of fact situations. Hence the evidence that was commonly applied in the trials was the one that is considered irrational today(ordeals as well as the oath). Also the ordeals were to the varying extent applied in all known cultures of the past and they are still applicable in the present day cultures that are of traditional nature. The ordeals however were alien to the Roman law and they in fact contradicted also the Christian doctrine. In Europe their origin was Germanic. The medieval influential position of the Germanic states, and the Church which cooperated with them, led to the spreading of ordeals within the orbit of Western Christianity. The renaissance of Roman law and the development of Canon law as well as the strengthening of theology, were responsible for the withdrawal of the Church’s acceptance of them. This is what eventually happened after Lateran Council IV. The Roman‐Canonical trial provided for further possibility of penalizing witchcraft in the context of the crime of apostasy. In its evidentiary proceedings this trial therefore resorted later to witnesses and to confessio extorted by tortures. In this respect the evident attempts at turning the evidentiary proceedings into the rational ones had paradoxically its source in Roman law. It is striking however that from the most remote time the ordeals of the same type as those detectable among the Germanic peoples were applied – in similar matters – also in India. In this respect it is hard to avoid the association of the discussed phenomenon with the “proto‐Indo‐European community”. Yet it should be remembered that the loss of contact between the Germanic peoples and the Aryan ancestors of the Hindu population is what occurred 5–6 thousand years ago.
What is interesting is that the “legal culture universals” are found above all in the area of penal law, both substantial and procedural. These universals are bound with the deep areas of human subconsciousness that, on a large scale, are common among the present day communities despite the differences in their cultures. These universals continue their existence, arousing surprise. The present day witchcraft trials in which ordeals are still applied and which are detectable in India, testify to this.
Janusz Sondel
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 209 - 221
What was characteristic of the Cracow Academy in the second half of the 16th century was its being boycotted by the students of nobiliary extraction. As a result the Academy became the place of remarkably plebeian nature. The point was that the townsmen desired learning that would be suitable in their economic and commercial activities. The peasants, in their turn, while sending their sons to the Academy tried to secure social advancement to them, particularly their entrance into the estate of clergy or, sometimes, that of the townsmen. The students of lower social extraction sometimes made a university career. Those who followed that line were for instance Antoni of Napachania (1494–1561) who was the professor of theology and rector of Cracow Academy. The same may be said about Piotr Proboszczowic (c. 1509–1565) who was the professor of astrology, town astrologer of Cracow and, since 1548, astrologer of Sigismund August. Among other individuals who made similar career one may mention Jan Brożek, an outstanding mathematician of the first half of the 17th century and Stanisław Mareniusz (c. 1532–1580) who was Magister Iuris and Dean of the Faculty of Philosophy as well the lecturer on Greek and the defender of the rights and privilegies of the Academy at the Sejm held in Warsaw in 1578. The list might include many other individuals. Being fully aware that the disrespect demonstrated by the nobility toward the Academy was due to the low social extraction of the academicians, King Sigismund I made the decision to confer on the professors the prerogatives of the estate of the nobles. He did it in 1535 in recognition of their merits in educating the youth „for the enlargement of the glory of God, for the benefit of the Church and for the fame of the Kingdom.” Despite its imperious tone, the idea that the nobiliary privilegies should apply to the professors of Cracow Academy had little chance to be implemented in practice. The resistance of the nobles was in the way of such implementation. The problem was eventually solved in favour of the professors at the Sejm held in Grodno in 1793. This was possible thanks to the efforts made by Śniadecki as well as the support of the king and good will shown to the concept by Russian Deputy Sievers. The success was however of a short‐lived nature because Poland soon lost its independence.
Marek Stus
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 223 - 236
One of the features characteristic of the development of the western legal culture in the previous century were extensive changes of the family law. A reform of the matrimonial property relations was necessary, as the legislation of the most of the European states at the beginning of the 20th century retained old property systems and institutions, very often derived from the customary laws of the Middle‐Ages. The paper analyses two main tendencies appearing in the first half of the 20th century. The first one aimed at making equal the legal positions of the husband and wife in relation to property. The second tendency aimed at giving them freedom to shape the property relations during the marriage. The analysis of the reforms conducted in the period demonstrates that the changes were very slow and introduced not without difficulties, which makes relevant the question whether they were inspired by the changes of the society or rather because the state decided on the form of the reforms and tried to promote and enforce specific customs and standards of behavior.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 237 - 253
The aim of the study is to present and revise critically one of the well known concepts used to explain the march of Roman law through the history, starting from the Justinian’s Compilation, i.e. the idea of common legal culture as an outcome of the Reception, named by some as “the second life of Roman Law” (P. Vinogradoff), and by some as “the resurrection of Roman Law” (J.A.C. Thomas).
It must be emphasize that these attitude does not necessarily mean the negation of the concept of continuity of human history as a whole, emphasized, inter alia, by Franz Wieacker, and in particular – a continuity in legal development. It is only an attempt to show some aspects of the history of Europe as a space and a community, shaped by many traditions including the legal one. This legal tradition is “traditionally” bound up with successive interpretation and reinterpretation of one of the most important legal monuments, Corpus Iuris Civilis, the interpretation done in order to adopt this “source‐book” to the new circumstances, to match local needs, to form new blend of law. There is no denying the fact that this tradition exists, although one should understand it properly, what can be achieved only on the way of critical revision of some old schemas, patterns of thought, even clichés.
It is than perfectly well known that one can speak about a renaissance of Roman law after 12th century, when in Bologna a period of so‐called “first reception of Roman law” had begun. A direct cause of this process and also its major force was a famous rediscovery of Justinian’s Digest and its scientific transformation and actualization made by Italian and French jurists during the next centu‐ ries. Elaborated in such way, the so‐called “learned law” became a second ius commune of late‐medi‐ eval Europe. Nevertheless, all this does not mean that the whole Western Europe adopted a particular homogenous body of law, as far as many local and regional variations of customary law existed and were continuously applied and evoked in the courts, as well as used in daily practice. What is more, very soon, by way of humanistic and naturalistic negative attitude and criticism, a weakness of the communis opinio doctorum, understood after all as a legal system (sic!), and supposed to grant a cer‐ tainty of law, was exposed and questioned as being unsuitable for the demands of national countries and societies. As it was proved by Douglas J. Osler, one can observe such particular disintegration also in the, so‐called, “common world of teaching,” regarded as universal and homogeneous, which started with the coming of new religious and national trends, as well as with the beginning of the particular history of each country. So than, it seems that a broad examination from different perspective, not only legal, but also political or social one, that is a research taking into account different aspects of human culture, can show a partial inadequacy of the paraphrase of well known dictum: Europa Medioevalis et Moderna vivit lege Romana, because this Europe saw meetings, adoption but also rejection of particular elements fashioned by different social groups.
Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 257 - 270
The paper refers to sir Isaiah Berlin’s famous essay concerning differences between two types of human personality. Using a metaphor whose authorship is ascribed to an ancient Greek poet, Archilochus, “The fox knows many things, but the hedgehog knows one big thing,” Berlin argues that writers and thinkers of one kind (“hedgehogs”) relate everything to a single, central vision or principle, while those of another kind (“foxes”) expand their thinking in many autonomous directions. As this opposition became famous, Berlin himself was almost unanimously numbered among those who are claimed to “lead lives, perform acts and entertain ideas that are centrifugal rather than centripetal.” However, by taking a closer look at his work as a whole, we can see a different pattern of Berlin’s attitude. On the basic level of his intellectual presumptions the author of “The hedgehog and the fox” seems to have much of a hedgehog – encouraging us to share his quite coherent outlook of the history of our culture and values attached to it. This paper attempts to trace crucial features of Berlin’s “hedgehogness” and demonstrate their presence in his writings on German romanticism, concepts of freedom, value‐pluralism, and other topics.
Włodzimierz Bernacki
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 271 - 282
The political thought of Stanisław Herakliusz Lubomirski (1642–1702) has hitherto been viewed from the perspective of the ideas of the Enlightenment era as contained in the treaty On the Efficient Advice written by Stanisław Konarski, the treaty being the reply to the 17th century dialogue On the Inefficiency of Advice written by Polish Salomon. The hitherto accepted interpretation of Lubomirski’s thought, despite being strongly solidified, seems to be false. Lubomirski was the author who, while adopting the Catholic perspective of the description of human being, simultaneously emphasized the complexity of social and political area within which the man was naturally active. It was exactly due to the complicated nature of human community that creating everything in an universal way proved impossible. What was possible was the understanding of the existing order, its analysis and, eventually, the selection of the right path by the specific individual who was planning to reach the desired political goal.
Krystyna Chojnicka
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 283 - 298
In 1701 tsar Peter I resigned from appointing anybody to the throne of patriarch and, in 1721, he subjected the Orthodox Church to the secular office of higher rank, the Office being additionally supervised by Oberprocurator as one of the highest officers of the state. There appears a question: what was the cause, the aim and the sense of the reform thus carried out. Did Peter exploit the Protestant patterns. Or did he try to reach only economic, but perhaps also social, objectives. What additionally requires answering in whether the Orthodox Church benefited from the reform or whether the reform led to its fall. Was the subjecting of the Orthodox Church to the secular power only the next step upon the road that led to the strengthening of the patrimonial system in Russia or was this maneuver tantamount to the adoption of the Western model of absolute power? What is also of importance is the significance that Peter the Great attached to the legal form of his reforms. The answer to the aforementioned questions is not always unambiguous. The very formulation of these questions may however contribute to better understanding of Russia in one of the most important stages of its history.
Anna Citkowska-Kimla, Piotr Kimla
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 299 - 315
The aim of the article is to describe Klaus Mann’s political and social views, especially two of them – his critique of nationalism and his activity as the spokesman for anti‐fascism. Mann’s anti‐nationalist attitude is connected with his cosmopolitism inspired not only by count Coudenhove‐Kalergi but by the vision of pan‐Europe and pacifism as well. The political standpoint of Mann is influenced strongly by his early political experience. The roots of his leftist way of thinking can be also seen in connection with the influence on him of André Gide. Generally the French impacts on his thought are considerable and reflect in his emphasizing individual freedom as well as in the idea of French‐German alliance because France and Germany constitute “almost Europe.”
Michał Jaskólski
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 317 - 332
The present essay is concerned with the Clausewitz’s arguments devoted to the relationships between the civil authorities and the military command. While starting with the known assumption made by the author of the treaty On the War, according to which the war is the continuation of policy which is only pursued with the use of different measures, the author of the present essay tries to show to what extent this assumption was timely at the moment of the writing of the treaty and what may be its significance in more universal sense. The author of the essay exploits the examples that draw upon the Prussian tradition, he exploits the concent of Preussentum as well as historical exemplifications based on the Frederician reforms, activities of K. Stein and K.A. Hardenberg, and eventually the conflict between
O. Bismarck and H. Moltke during the Prusso‐Austrian and French‐Prussian wars. The author tries to show the major factors formative of the policy conceived of in that way and the gradual fiasco of this policy in the history of the Second and Third Reich. What does not escape from the range of vision of the author is the philosophical and political layer of Clausewitz’s treaty. He emphasizes that it is that layer and not the military one that preserved its relevance to today.
Starting from 1960s there has begun the process of studying and interpreting afresh the Clausewitz’s treaty. As a result various messages addressed to the present time were identified in the treaty in question. Of course the present essay is only the contribution to the aforementioned research. We must accept the fact that in Polish literature, despite republishing the inter‐war edition of the treaty On the War and despite several fairly precious translations of this work, the interest taken in it seems to be relatively small.
Dorota Pietrzyk-Reeves
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 333 - 349
The aim of this article is to analyze Rousseau’s concept of the social contract in terms of the categories of consent and public discourse. What type of agreement (consent) could give a fi rm foundation to the just social order that Rousseau was seeking? Is there any room for public discourse and, if so, what norms should it be based on, and what would be its goal? Does the departure from individualism towards some collective unity of a political community allows for any meaningful application of the term discourse? In order to answer these questions I discuss various aspects of the theory of the social contract and the problems it inevitably involves when used as an explanation of a desirable social order. I also try to shed some light on the Rousseau’s affinity with the ideals of classical republicanism and his failed attempt to apply them to the context of his time.
Arkady Rzegocki
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 351 - 356
Polish political thought is closely connected with the dates that marked historical moments in the life of the state. The fall of the Polish‐Lithuanian Commonwealth in 1795 was a moment that marked a shift in the Polish political thought from the idea of freedom and state reform to the idea of regaining independence. The collapse of a state led to the redefinition of national identity by the Poles. Maurycy Mochnacki and Stanisław Witkiewicz suggested in their theoretical writings that the problem of self‐ and national identity is the most burning issue in the times of the partitioning of Poland. According to Maurycy Mochnacki the main task the Poles had to accomplish in the new political context was to gain the awareness of their own identity (“uznanie się w jestestwie swoim”). Mochnacki used an old Polish phrase to stress the vital importance of appreciating one’s cultural and historical heritage as well as gaining a sense of identity both individually and nationally.
Barbara Stoczewska
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 357 - 375
Proposals to solve to the issue of national minorities by means of providing these groups with differently understood autonomy began to emerge in the second half of the 19th century. These concepts owed their popularity to the nation‐building processes which were at their most dynamic at the time, the shaping of nation states as well as the increase in the aspirations of dependent nations of the Eastern and Central Europe. The article presents different concepts of national autonomy both in the context of Poland and of Europe, and comments on controversies regarding the definition of national minorities formulated in the context of Poland’s constitutionalism, as well as the vision of national autonomy shaped in the framework of political thought at the turn of 19th and 20th centuries and the interwar period in Poland.
In conclusion the Author claims that national autonomy, as a concept of solving the issue of national minorities, proved to be a highly unrealistic project, which never became more than a subject of debate. The Author does not conduct a comparative analysis of earlier visions of national autonomy with contemporary ones. One may, however, presume that the notion as formulated in the 19th and 20th century and in the interwar period was mainly aimed at protecting national minorities, while the contemporary understanding sees the autonomy of national minorities as a preliminary stage for establishing their own independent state.
Bogdan Szlachta
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 377 - 392
An attempt to present a few ideas conditioning the thought of the early Christians; the ideas concerning primarily the ways of conceptualizing the Church as a universal community of the faithful. The author shows the perspectives of St. Peter, St. Paul and St. John; discusses the theories of Justinus, Ignatius Antiochenus, Irenaeus of Lyon, Cyprian, Clement of Alexandria, Eusebius of Caesarea, and Leon I the Great in order to expose the conditioning of birth in the first five centuries after Christ’s reflection on the foundation of unity in the community of the faithful in the East and the West (the picture of Church as the Body of Christ, including the tendencies characteristic of the so‐called Eastern Christian Hellenism); the position of Christ as its “head,” and bishops as “endowed with the Spirit,” in particular the bishop of Rome, and compared to the Apostles, who worked as a replacement of Christ.
Michał Śliwa
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 393 - 402
It is not possible to ignore the intellectual and organizational effort of the Polish socialists who, as early as the 1870s, tried to promote the idea that the best circumstances facilitating the implementation of the aims pursued by the workers could be found in the national state organized on the basis of democratic constitutional instruments. The socialists argued that only in the state of parliamentary democracy the workers and other working social strata may successfully fight for their objectives and rights while selecting the peaceful and democratic methods. Likewise, they argued that only the parliamentary democracy enabled them to arrive at full rights that should be accessible to them as citizens and nationals. By promoting these ideas they aroused among the workers and in the entire society of partitioned Poland the sense of citizenship and democracy. This, in its turn, allowed to base the concept of potential national independence upon the broad and solid social foundations. Likewise, this allowed to secure the democratic constitutional system to the restored state, and consequently to modernize social relationships in Poland along the peaceful and democratic lines.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 17 - 25
Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 29 - 35
The article is based on the source that has hitherto not been exploited. The source which is a fragment of the diary that was taken down by professor Stanisław Tarnowski. The fragment covers the years 1846–1873 and makes up so called Dzików Chronicle that had survived the fi re that broke out in Dzików in 1927. It functions as a supplement to the biography of this eminent scholar whose research was focused on the history of Polish literature.
The described developments as seen by the representative of big landowners, were juxtaposed with another known diary, that written by Jan Słomka, a peasant who was the inhabitant of the aforementioned Dzików. What is interesting is the comparison on opinions of two individuals: the one who was the inhabitant of the Palace and the other who was his subject and who lived in the village that belonged to the Palace. The comparison in question referred to the developments of 1846, 1848 and 1863. In a lot of details the opinion uttered by the two coincided. The present contribution is therefore a slight supplement to the history of conservatism in Galicia.
Jan Halberda
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 37 - 49
Pursuant to the maxim that actio personalis moritur cum persona, the claims and debts of the party become extinct on the day of its death. That is the reason why in English common law the successors could not sue their predecessor’s debtors; on the other hand, they were protected against the creditors of the deceased. It is difficult to exaggerate the importance of doctrine for the legal relations, especially within the scope of contract law.
In the early years (12th–13th centuries) of the functioning of the doctrine nearly all personal actions came into play. However, lawyers began to create more and more exceptions that narrowed the maxim’s impact. As a result, at the beginning of the 17th century (the Pynchon’s case, 1611) the court had in fact transformed the doctrine of actio personalis moritur cum persona into the exception.
It is worthwhile to note that the maxim’s history may act as an example of the peculiarity of English law and the domination of its procedural rules. Throughout the centuries the most important reason against the transmission of rights and duties was the practical impossibility of the wager of law’s application. In that case lawyers could only modify rules of evidence. Instead, in England it was decided to treat the claims and debts of the deceased as extinct. As a result, the consequences of the actio personalis moritur cum persona doctrine went much too far.
Grzegorz M. Kowalski
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 51 - 62
It was in the patrimonial state that the lawyers began to function as a professional group. In the course of time they began to make up an elite of the population of the nobiliary Commonwealth. Soon however there appeared the negative aspects of their activities. The authors of the Polish works on law were concerned with the professional and moral qualifications of lawyers. This referred particularly to the municipal law. The fragments devoted to this question may be found inter alia in the 16th century translations of the sources of the Magdeburg Law, the translations being of Barłomiej Groicki’s (1519/1534–1605) and Paweł Szczerbic’s (1552–1609) authorship. The heavy professional and the ethical demands made on lawyers referred in particular to the judges. What he authors of works on municipal law condemned was the judges’ poor knowledge of law, partiality, corruption, vulnerability to emotions on occasion of producing judgments and desire for distinctions. On the other hand there functioned many requirements that had to be fulfilled by the candidate to the position of the judge. Among these requirements there were inter alia those referring to faith, health, age, sex and social status. The deficiency of the right educational background in law and the weaknesses in the right conducting of the proceedings were particularly visible in case of the penal law. The judges were brought to severe liability for the inappropriate performing of their profession. The high requirements in the area of the perfect knowledge of law, as well as in the area of ethics, applied also to the lawyers other than judges, mostly to the representatives of the parties (referred to by the phrase procurators) and to the lay assessors.
Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 63 - 87
Under the rule of Grand Duke of Tuscany Peter Leopold there were undertaken in this Duchy some reforms of relationships between the State and the Church. The reforms reached their climax an occa sion of the Synod of Pistoia. It has been for a long time now that the historians had a concern in them. What makes up a particularly interesting but simultaneously controversial problem are the doctrinal roots of the discussed reforms. What is in dispute is the question of Italian Jansenism. The Italian his‐ torians usually emphasize that such Jansenism existed, this opinion being challenged or even rejected by some English and French historians. The latter argue that Jansenism, as fully developed theological doctrine, was detectable only in France. Likewise, these historians claim that in case of the reception of Jansenism we in fact deal only with the shallow and primitive substitution of the views articulated by the bishop of Ypres. The article tries to demonstrate that it is not possible to speak of only one in‐ tellectual tendency that decidedly affected the shape and the course of the discussed reforms. It was sometimes fairly incidental and not perfectly coherent mélange of various political, legal, theological and economic tendencies, not infrequently distant one from another, that made up the intellectual basis of the work that was focused on the change of the Church relationships in the Grand Duchy of Tuscany.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 89 - 98
The Archbishop of Gniezno who was the first senator of the Polish‐Lithuanian Republic, played one of the most significant roles in the State. His significance was due to this rights of vicarii regis that were granted to him as early as during the reign of Władysław Jagiełło. These rights were however not precisely formulated. The Archbishop of Gniezno performed the function of vicarious regis only sporadically, when this was indispensable. His position in this respect was subjected to legal regulations during the elective King’s era. The emergencies of the hour lead to the regulation of the Archbishop’s competence on occasion of Sigismund III’s trip abroad. Archbishop as Primate of Poland was authorized to call the Senate (but not the Seym) in order to receive the legations arriving in Poland (but only those arriving from Turkey, Tartar State or Muscovy). Also, if the State was threatened by an unexpected attack of the enemy the Archbishop could call the Senators to facilitate their joint proclaiming the third summons to arms addressed to levy in mass. According to the common belief, Primate Stanislaw Karnkowski exceeded his competence. Therefore in 1598, before the next trip of the monarch there was a tendency toward limiting his power to take the decisions unipersonally. The Archbishop however decidedly oppose the idea of limiting the power that he exercised in the King’s absence. The developments of the 1590s (organization of the assemblies of the nobles who protested against the poll‐tax) as well as those of 1593–94 and of 1598–99, testify to the emancipating efforts as made by the Primate in order to arrive at the specific political goals.
Dorota Malec, Jerzy Malec
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 99 - 109
Wincenty Szpor (1796–1856) was a Cracow advocate and the Senator of the Free City of Cracow in the years 1848–1850. Likewise, he lectured on political skills and statistics at the Law Faculty of the Jagiellonian University. In the years 1827, 1830, 1834, 1847 he repeatedly entered the competition for the Heard of the Chair of Political Skills. On the successive competitions he unsuccessfully rivalled with Ferdynand Kojsiewicz. As a result it was only after the Kojsiewicz’s death that he arrived at the position of the deputy professor. After 1848, due to political reasons, the Austrian authorities did not agree to stabilize his position. It was in 1828 that W. Szpor, while fulfilling the competition requirements for the Chair, submitted to the Commission his ample program of the lecture on political skills. The program suggested by Szpor was well prepared and clear in its form and contents. It was based rather on the assumptions of the Enlightenment era and only to a slight extent it drew upon the assumptions of the spontaneously developing administrative sciences. Therefore in such form the lecture doubtless fell short of the expectations of the mid‐19th century which was the time when Szpor eventually started his much desired academic career. That way or another, Szpor’s program – particu‐ larly when viewed from the perspective of the programs prepared at similar time by M. Hoszowski,F. Kojsiewicz and P. Bartynowski – makes up an interesting document illustrative of the history of the world of learning and instruction in law. It is also illustrative of the situation of administrative sciences in the first part of the 19th century.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 111 - 119
The author of this work presents ideological currents which led to establishing, in the second half of the 20th century in Habsburg monarchy, a strong current of reformist ideology in the Church called Theresianism and Josephinism. The author describes Jansenism which appeared in the Netherlands and then in France in the 17th century, Gallicanism, Episcopalism dating back to medieval Concilliarism and also Febronianism. These currents were established in different countries and led to the “The New Thinking” in Austria which resulted in the reforms carried out in relations between the State and the Church in Galicia. They had diverse character in the reign of Maria Theresa and Joseph II and were characterized by considerable radicalism.
Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 121 - 129
De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum, the work by Artur Duck was published in London in 1653 In his work he analysed the position and infl uence of Roman Law in fifteen countries of the 17th‐century Europe. Apart from England, Scotland and Ireland, he researched the German Empire, France with Belgium, Italy, Sicily and Naples, Poland, Hungary, Bohemia, Spain, Portugal, Denmark and Sweden. Although Duck was an Englishman, he admired Roman Law and believed it could unify and consolidate the legal systems of Christian Europe. His work shows deep knowledge of how the legal systems of the 17th‐century Europe were organized and influenced by Roman Law. Although his work has remained forgotten for centuries, contemporary scholars are attempting to restore it to its proper position. Although the chapter concerning the Kingdom of Bohemia appears relatively short, it gives basic and true information on the Bohemian state and legal system. Duck used over twenty books of various authors, to mention only Goldast, Dubravius, Arumaeus, Besold, Mynsinger, Gail, Muscorn and Kromer. In his view, German emperor did not have a direct power over Bohemians, though Bohemian kings were not entirely independent. He stresses that Bohemians never accepted being a part of the German Empire. They had their own laws, to some extent based on the Roman Law, particularly in the fi eld of the municipal laws, derived from ius saxonicum. Duck believes that the Roman Law was the Bohemian ius commune, as it was said to be in Germany.
Maciej Mikuła
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 131 - 143
The testamentary disposition was subjected to the regulation in the Lithuanian Statutes (of 1529, 1566, 1588) which were tantamount to the codification of law in the Grand Duchy of Lithuania. In the First Statute (of 1529) the regulation was not much extended but in the next Statutes it developed. When compared with the First Statute, the regulations found in the Statutes that followed were responsible not only for the increase in questions that were subjected to regulations but also for the deep modification of the subject‐of‐law scope of testamentary succession. This was due to the general tendency detectable in the evolving Lithuanian law. The tendency consisted in the facilitating of the conclusions of inter vivos legal transactions referring to the real property. This had positive effects on economic development. At the same time the control of the monarch over the alienation of real property was dropped (1566). On the other hand there was imposed the ban on the testamentary dispositions referring to the real property. This inter alia was designed to protect the family property against the legacies made for the benefit of Church institutions. As a result, the Lithuanian testament, which preciously followed the German pattern and was a collection of legacies, became, upon the Second Lithuanian Statute, the instrument designed to dispose exclusively of the movables.
Tomasz Palmirski, Karol Zawiślak
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 145 - 155
Today, by applying various diverse criteria to a wide range of legal persons, certain types thereof can be distinguished. The classical distinction, which is based upon the fact of participating in organizational structures of legal persons, is the division into two: legal entities of foundation (non‐ profit) vs. legal entities of corporation type. In the first part of the case study contained herein, the subject of principal considerations will be the freedom of association in the perspective of legal provisions enacted in Poland. If therefore the membership accounts for a distinctive factor of corporations, a defi nite number of members constituting the corporation is equally vital for the formation and functioning of the above‐mentioned legal persons’ types. This however appears to be a way of limitation of the freedom of association. In this context the distinguished point of reference for the respective considerations in the second part of the article is the Roman law rule of tres faciunt collegium.
Magdalena Piotrowska
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 157 - 172
Franciszek Xawery Fierich (1860–1928) was one of the most highly qualified Polish lawyers of the period of twenty years of independence after the World War I. He was the Professor at the Jagiellonian University, the civil procedure specialist, the President of the Codification Commission. His legal opinions influenced the form of code of civil procedure of 1930. Franciszek Xawery Fierich was the reporter of the Civil Procedure Section in the Codification Commission, who worked out (among other things) the part of code of civil procedure concerning proceedings before the Supreme Court. He was the supporter of the cassation system.
Jarosław Reszczyński
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 173 - 207
Among the historians there are often disputes about the origin of a legal norm. The establishing of this origin is particularly significant when the norms that are binding in the given communities resemble those that are known to have been binding in other periods of time and on other territories. The resemblance of the norms results from various forms of legal culture diffusion (including the resemblance resulting from the reception of law provisions). Likewise, the resemblance may result from the parallel evolution (cultural convergence). What plays an essential role in a certain field of law are also the primeval common elements or the cultural universals, derived from the most remote stages of the development of mankind. What offers interesting examples in this respect is the analysis of the principles of penalizing the magic practices as well as the analysis of types of evidence designed to prove the truthfulness of facts presented at the trial whenever the reality of witchcraft and its effects are acknowledged. In the present paper the starting point is the story told by Arab traveller Ibn Battuta about the trial of the witch accused in 1340, in India, of putting on a form of the hyena and killing a young boy. In the evidentiary proceedings the ordeal of water was applied and the accused, when found guilty, was condemned to death by being burned at the stake. The description in question includes numerous elements characteristic of the trial of witches in Europe at the beginning of modern era. It may be found that the belief that human beings may be transformed into animals and that women, while putting on a magic form, may kill young men, was widely spread in all remote cultures and is confirmed by numerous sources. The penalizing of witchery appears in the oldest relicts of law, those that are four thousand‐year old story. This penalizing has survived until now in the customary law of many peoples of Africa, Asia and Oceania. This is not witchery as such that is penalized (the useful magic is accepted) but only such practices which – according to the opinion of the groups and communities – cause harm and are “socially noxious”. In the oldest communities the “spontaneous primeval norms” protect above all life and health of human beings as well as the basis of their existence. As the structures of state power develop the norms of the law impose the punishments also for the witchery that hits the basic system and doctrinal values (including the penalties for behaviour challenging the recognized religion).
In the medieval trials of witches, Christianity and the late Roman understanding of the crime of apostasy were invoked as justification. In Hindu law, in its turn, the primeval values (life) were pointed to as what was mostly defended. The need to arrive at the national establishing of the trial facts, visible in all cultures, contrasted, in case of crime of witchcraft, with the irrationality of matter and the impossibility of applying the objective criteria for the evaluation of fact situations. Hence the evidence that was commonly applied in the trials was the one that is considered irrational today(ordeals as well as the oath). Also the ordeals were to the varying extent applied in all known cultures of the past and they are still applicable in the present day cultures that are of traditional nature. The ordeals however were alien to the Roman law and they in fact contradicted also the Christian doctrine. In Europe their origin was Germanic. The medieval influential position of the Germanic states, and the Church which cooperated with them, led to the spreading of ordeals within the orbit of Western Christianity. The renaissance of Roman law and the development of Canon law as well as the strengthening of theology, were responsible for the withdrawal of the Church’s acceptance of them. This is what eventually happened after Lateran Council IV. The Roman‐Canonical trial provided for further possibility of penalizing witchcraft in the context of the crime of apostasy. In its evidentiary proceedings this trial therefore resorted later to witnesses and to confessio extorted by tortures. In this respect the evident attempts at turning the evidentiary proceedings into the rational ones had paradoxically its source in Roman law. It is striking however that from the most remote time the ordeals of the same type as those detectable among the Germanic peoples were applied – in similar matters – also in India. In this respect it is hard to avoid the association of the discussed phenomenon with the “proto‐Indo‐European community”. Yet it should be remembered that the loss of contact between the Germanic peoples and the Aryan ancestors of the Hindu population is what occurred 5–6 thousand years ago.
What is interesting is that the “legal culture universals” are found above all in the area of penal law, both substantial and procedural. These universals are bound with the deep areas of human subconsciousness that, on a large scale, are common among the present day communities despite the differences in their cultures. These universals continue their existence, arousing surprise. The present day witchcraft trials in which ordeals are still applied and which are detectable in India, testify to this.
Janusz Sondel
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 209 - 221
What was characteristic of the Cracow Academy in the second half of the 16th century was its being boycotted by the students of nobiliary extraction. As a result the Academy became the place of remarkably plebeian nature. The point was that the townsmen desired learning that would be suitable in their economic and commercial activities. The peasants, in their turn, while sending their sons to the Academy tried to secure social advancement to them, particularly their entrance into the estate of clergy or, sometimes, that of the townsmen. The students of lower social extraction sometimes made a university career. Those who followed that line were for instance Antoni of Napachania (1494–1561) who was the professor of theology and rector of Cracow Academy. The same may be said about Piotr Proboszczowic (c. 1509–1565) who was the professor of astrology, town astrologer of Cracow and, since 1548, astrologer of Sigismund August. Among other individuals who made similar career one may mention Jan Brożek, an outstanding mathematician of the first half of the 17th century and Stanisław Mareniusz (c. 1532–1580) who was Magister Iuris and Dean of the Faculty of Philosophy as well the lecturer on Greek and the defender of the rights and privilegies of the Academy at the Sejm held in Warsaw in 1578. The list might include many other individuals. Being fully aware that the disrespect demonstrated by the nobility toward the Academy was due to the low social extraction of the academicians, King Sigismund I made the decision to confer on the professors the prerogatives of the estate of the nobles. He did it in 1535 in recognition of their merits in educating the youth „for the enlargement of the glory of God, for the benefit of the Church and for the fame of the Kingdom.” Despite its imperious tone, the idea that the nobiliary privilegies should apply to the professors of Cracow Academy had little chance to be implemented in practice. The resistance of the nobles was in the way of such implementation. The problem was eventually solved in favour of the professors at the Sejm held in Grodno in 1793. This was possible thanks to the efforts made by Śniadecki as well as the support of the king and good will shown to the concept by Russian Deputy Sievers. The success was however of a short‐lived nature because Poland soon lost its independence.
Marek Stus
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 223 - 236
One of the features characteristic of the development of the western legal culture in the previous century were extensive changes of the family law. A reform of the matrimonial property relations was necessary, as the legislation of the most of the European states at the beginning of the 20th century retained old property systems and institutions, very often derived from the customary laws of the Middle‐Ages. The paper analyses two main tendencies appearing in the first half of the 20th century. The first one aimed at making equal the legal positions of the husband and wife in relation to property. The second tendency aimed at giving them freedom to shape the property relations during the marriage. The analysis of the reforms conducted in the period demonstrates that the changes were very slow and introduced not without difficulties, which makes relevant the question whether they were inspired by the changes of the society or rather because the state decided on the form of the reforms and tried to promote and enforce specific customs and standards of behavior.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 237 - 253
The aim of the study is to present and revise critically one of the well known concepts used to explain the march of Roman law through the history, starting from the Justinian’s Compilation, i.e. the idea of common legal culture as an outcome of the Reception, named by some as “the second life of Roman Law” (P. Vinogradoff), and by some as “the resurrection of Roman Law” (J.A.C. Thomas).
It must be emphasize that these attitude does not necessarily mean the negation of the concept of continuity of human history as a whole, emphasized, inter alia, by Franz Wieacker, and in particular – a continuity in legal development. It is only an attempt to show some aspects of the history of Europe as a space and a community, shaped by many traditions including the legal one. This legal tradition is “traditionally” bound up with successive interpretation and reinterpretation of one of the most important legal monuments, Corpus Iuris Civilis, the interpretation done in order to adopt this “source‐book” to the new circumstances, to match local needs, to form new blend of law. There is no denying the fact that this tradition exists, although one should understand it properly, what can be achieved only on the way of critical revision of some old schemas, patterns of thought, even clichés.
It is than perfectly well known that one can speak about a renaissance of Roman law after 12th century, when in Bologna a period of so‐called “first reception of Roman law” had begun. A direct cause of this process and also its major force was a famous rediscovery of Justinian’s Digest and its scientific transformation and actualization made by Italian and French jurists during the next centu‐ ries. Elaborated in such way, the so‐called “learned law” became a second ius commune of late‐medi‐ eval Europe. Nevertheless, all this does not mean that the whole Western Europe adopted a particular homogenous body of law, as far as many local and regional variations of customary law existed and were continuously applied and evoked in the courts, as well as used in daily practice. What is more, very soon, by way of humanistic and naturalistic negative attitude and criticism, a weakness of the communis opinio doctorum, understood after all as a legal system (sic!), and supposed to grant a cer‐ tainty of law, was exposed and questioned as being unsuitable for the demands of national countries and societies. As it was proved by Douglas J. Osler, one can observe such particular disintegration also in the, so‐called, “common world of teaching,” regarded as universal and homogeneous, which started with the coming of new religious and national trends, as well as with the beginning of the particular history of each country. So than, it seems that a broad examination from different perspective, not only legal, but also political or social one, that is a research taking into account different aspects of human culture, can show a partial inadequacy of the paraphrase of well known dictum: Europa Medioevalis et Moderna vivit lege Romana, because this Europe saw meetings, adoption but also rejection of particular elements fashioned by different social groups.
Iwona Barwicka-Tylek
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 257 - 270
The paper refers to sir Isaiah Berlin’s famous essay concerning differences between two types of human personality. Using a metaphor whose authorship is ascribed to an ancient Greek poet, Archilochus, “The fox knows many things, but the hedgehog knows one big thing,” Berlin argues that writers and thinkers of one kind (“hedgehogs”) relate everything to a single, central vision or principle, while those of another kind (“foxes”) expand their thinking in many autonomous directions. As this opposition became famous, Berlin himself was almost unanimously numbered among those who are claimed to “lead lives, perform acts and entertain ideas that are centrifugal rather than centripetal.” However, by taking a closer look at his work as a whole, we can see a different pattern of Berlin’s attitude. On the basic level of his intellectual presumptions the author of “The hedgehog and the fox” seems to have much of a hedgehog – encouraging us to share his quite coherent outlook of the history of our culture and values attached to it. This paper attempts to trace crucial features of Berlin’s “hedgehogness” and demonstrate their presence in his writings on German romanticism, concepts of freedom, value‐pluralism, and other topics.
Włodzimierz Bernacki
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 271 - 282
The political thought of Stanisław Herakliusz Lubomirski (1642–1702) has hitherto been viewed from the perspective of the ideas of the Enlightenment era as contained in the treaty On the Efficient Advice written by Stanisław Konarski, the treaty being the reply to the 17th century dialogue On the Inefficiency of Advice written by Polish Salomon. The hitherto accepted interpretation of Lubomirski’s thought, despite being strongly solidified, seems to be false. Lubomirski was the author who, while adopting the Catholic perspective of the description of human being, simultaneously emphasized the complexity of social and political area within which the man was naturally active. It was exactly due to the complicated nature of human community that creating everything in an universal way proved impossible. What was possible was the understanding of the existing order, its analysis and, eventually, the selection of the right path by the specific individual who was planning to reach the desired political goal.
Krystyna Chojnicka
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 283 - 298
In 1701 tsar Peter I resigned from appointing anybody to the throne of patriarch and, in 1721, he subjected the Orthodox Church to the secular office of higher rank, the Office being additionally supervised by Oberprocurator as one of the highest officers of the state. There appears a question: what was the cause, the aim and the sense of the reform thus carried out. Did Peter exploit the Protestant patterns. Or did he try to reach only economic, but perhaps also social, objectives. What additionally requires answering in whether the Orthodox Church benefited from the reform or whether the reform led to its fall. Was the subjecting of the Orthodox Church to the secular power only the next step upon the road that led to the strengthening of the patrimonial system in Russia or was this maneuver tantamount to the adoption of the Western model of absolute power? What is also of importance is the significance that Peter the Great attached to the legal form of his reforms. The answer to the aforementioned questions is not always unambiguous. The very formulation of these questions may however contribute to better understanding of Russia in one of the most important stages of its history.
Anna Citkowska-Kimla, Piotr Kimla
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 299 - 315
The aim of the article is to describe Klaus Mann’s political and social views, especially two of them – his critique of nationalism and his activity as the spokesman for anti‐fascism. Mann’s anti‐nationalist attitude is connected with his cosmopolitism inspired not only by count Coudenhove‐Kalergi but by the vision of pan‐Europe and pacifism as well. The political standpoint of Mann is influenced strongly by his early political experience. The roots of his leftist way of thinking can be also seen in connection with the influence on him of André Gide. Generally the French impacts on his thought are considerable and reflect in his emphasizing individual freedom as well as in the idea of French‐German alliance because France and Germany constitute “almost Europe.”
Michał Jaskólski
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 317 - 332
The present essay is concerned with the Clausewitz’s arguments devoted to the relationships between the civil authorities and the military command. While starting with the known assumption made by the author of the treaty On the War, according to which the war is the continuation of policy which is only pursued with the use of different measures, the author of the present essay tries to show to what extent this assumption was timely at the moment of the writing of the treaty and what may be its significance in more universal sense. The author of the essay exploits the examples that draw upon the Prussian tradition, he exploits the concent of Preussentum as well as historical exemplifications based on the Frederician reforms, activities of K. Stein and K.A. Hardenberg, and eventually the conflict between
O. Bismarck and H. Moltke during the Prusso‐Austrian and French‐Prussian wars. The author tries to show the major factors formative of the policy conceived of in that way and the gradual fiasco of this policy in the history of the Second and Third Reich. What does not escape from the range of vision of the author is the philosophical and political layer of Clausewitz’s treaty. He emphasizes that it is that layer and not the military one that preserved its relevance to today.
Starting from 1960s there has begun the process of studying and interpreting afresh the Clausewitz’s treaty. As a result various messages addressed to the present time were identified in the treaty in question. Of course the present essay is only the contribution to the aforementioned research. We must accept the fact that in Polish literature, despite republishing the inter‐war edition of the treaty On the War and despite several fairly precious translations of this work, the interest taken in it seems to be relatively small.
Dorota Pietrzyk-Reeves
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 333 - 349
The aim of this article is to analyze Rousseau’s concept of the social contract in terms of the categories of consent and public discourse. What type of agreement (consent) could give a fi rm foundation to the just social order that Rousseau was seeking? Is there any room for public discourse and, if so, what norms should it be based on, and what would be its goal? Does the departure from individualism towards some collective unity of a political community allows for any meaningful application of the term discourse? In order to answer these questions I discuss various aspects of the theory of the social contract and the problems it inevitably involves when used as an explanation of a desirable social order. I also try to shed some light on the Rousseau’s affinity with the ideals of classical republicanism and his failed attempt to apply them to the context of his time.
Arkady Rzegocki
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 351 - 356
Polish political thought is closely connected with the dates that marked historical moments in the life of the state. The fall of the Polish‐Lithuanian Commonwealth in 1795 was a moment that marked a shift in the Polish political thought from the idea of freedom and state reform to the idea of regaining independence. The collapse of a state led to the redefinition of national identity by the Poles. Maurycy Mochnacki and Stanisław Witkiewicz suggested in their theoretical writings that the problem of self‐ and national identity is the most burning issue in the times of the partitioning of Poland. According to Maurycy Mochnacki the main task the Poles had to accomplish in the new political context was to gain the awareness of their own identity (“uznanie się w jestestwie swoim”). Mochnacki used an old Polish phrase to stress the vital importance of appreciating one’s cultural and historical heritage as well as gaining a sense of identity both individually and nationally.
Barbara Stoczewska
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 357 - 375
Proposals to solve to the issue of national minorities by means of providing these groups with differently understood autonomy began to emerge in the second half of the 19th century. These concepts owed their popularity to the nation‐building processes which were at their most dynamic at the time, the shaping of nation states as well as the increase in the aspirations of dependent nations of the Eastern and Central Europe. The article presents different concepts of national autonomy both in the context of Poland and of Europe, and comments on controversies regarding the definition of national minorities formulated in the context of Poland’s constitutionalism, as well as the vision of national autonomy shaped in the framework of political thought at the turn of 19th and 20th centuries and the interwar period in Poland.
In conclusion the Author claims that national autonomy, as a concept of solving the issue of national minorities, proved to be a highly unrealistic project, which never became more than a subject of debate. The Author does not conduct a comparative analysis of earlier visions of national autonomy with contemporary ones. One may, however, presume that the notion as formulated in the 19th and 20th century and in the interwar period was mainly aimed at protecting national minorities, while the contemporary understanding sees the autonomy of national minorities as a preliminary stage for establishing their own independent state.
Bogdan Szlachta
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 377 - 392
An attempt to present a few ideas conditioning the thought of the early Christians; the ideas concerning primarily the ways of conceptualizing the Church as a universal community of the faithful. The author shows the perspectives of St. Peter, St. Paul and St. John; discusses the theories of Justinus, Ignatius Antiochenus, Irenaeus of Lyon, Cyprian, Clement of Alexandria, Eusebius of Caesarea, and Leon I the Great in order to expose the conditioning of birth in the first five centuries after Christ’s reflection on the foundation of unity in the community of the faithful in the East and the West (the picture of Church as the Body of Christ, including the tendencies characteristic of the so‐called Eastern Christian Hellenism); the position of Christ as its “head,” and bishops as “endowed with the Spirit,” in particular the bishop of Rome, and compared to the Apostles, who worked as a replacement of Christ.
Michał Śliwa
Cracow Studies of Constitutional and Legal History, Volume 3, Volume 3 (2010), pp. 393 - 402
It is not possible to ignore the intellectual and organizational effort of the Polish socialists who, as early as the 1870s, tried to promote the idea that the best circumstances facilitating the implementation of the aims pursued by the workers could be found in the national state organized on the basis of democratic constitutional instruments. The socialists argued that only in the state of parliamentary democracy the workers and other working social strata may successfully fight for their objectives and rights while selecting the peaceful and democratic methods. Likewise, they argued that only the parliamentary democracy enabled them to arrive at full rights that should be accessible to them as citizens and nationals. By promoting these ideas they aroused among the workers and in the entire society of partitioned Poland the sense of citizenship and democracy. This, in its turn, allowed to base the concept of potential national independence upon the broad and solid social foundations. Likewise, this allowed to secure the democratic constitutional system to the restored state, and consequently to modernize social relationships in Poland along the peaceful and democratic lines.
Publication date: 2008
Volume Editors: Dorota Malec, Wacław Uruszczak
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 13 - 16
On the 13th of February 2006 there took place in Cracow the ceremony of burying Professor Stanisław Płaza, an outstanding historian of Polish law, professor of the Jagiellonian University, responsible for educating many generations of lawyers. Professor Płaza was born on the 8th of November 1927 in the peasant family in Jarosławice, in the eastern marches. Upon the outbreak of World War II he and his family were deported to Siberia by the Soviet authorities. He returned to Poland in 1945 and in 1949 he passed his high school finals in the Jan Sobieski Memorial Secondary School in Cracow. In 1954 he graduated from the Law Faculty of the Jagiellonian University. Later, for some time he was employed in the State Archive, which was a significant experience in his career. Since 1957 he was permanently bound with the University. Among his rich scholarly achievements there is detectable the research concerned with the peasant law. In this area he published valuable court record books. He laid a considerable emphasis on the research relating to the constitutional system of the 16th and 17th century Poland. He investigated inter alia the legal issues of interregna and nobiliary Seymiks. Since he was a determined advocate of comparative research he compiled a multivolumed synthesis of Polish legal history as set against the background of European developments. He was famous for his research of source-book and bibliography type. He did his teaching with enormous energy and sympathy. He supervised a considerable number of LLM and LLD alumni. He was professionally active until the end of his days. He will stay in our hearts as an individual distinguished by his enormous knowledge, great heart, kindness and sympathy.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 17 - 32
The lex Aquilia de damno was undoubtedly one of the most important statutory enactments on private law in Roman Antiquity. Nevertheless, there is a lot of controversy connected with this lex, starting with the circumstances of its passing and its dating. Scholars in Roman law are quite sure that this law was undoubtedly subsequent to the lex duodecim tabularum, and it was passed by an assembly of the plebs after it had been proposed by tribune Aquilius [Ulp. D.9.2.1.pr.–1]. But the fragments of sources we possess, such as Gai 3.214, 3.218, 4.37; Ulp. D.9.2.27.22, Pomp. D.9.2.39; I.4.3.14–15, lead us inevitably into the field of speculation.
The aim of this study is to discuss and revise the propositions of dating the lex Aquilia which have appeared in the doctrine of Roman law since 19th century, such as the year 286 B.C., based mainly on a passage in Theophilus’ paraphrase of Justinian’s Institutiones [the Byzantine sources, Par.4.3.15’ also scholia anon. ad Bas. 60.3.1] and which is accepted by a fairly strong body of opinion. Also the propositions of dating made in accordance to the social, political and economic situation are critically considered; as well as some important findings which were made on the base of stylistic and linguistic arguments. The whole analysis made the author propose a dating of the second rather than the first half of the 3rd century B.C. as the most probable.
Tomasz Palmirski
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 33 - 41
Protection to people who transported their goods by ships, stayed at inns or who left their horses in stables in case they suffered the damage of their things being robbed or damaged was served by the praetor in his edict (in factum adversus nautas caupones stabularios).
Shipowners (exercitores navis), innkeepers (caupones) and stable owners (stabularii) were also responsible for the things brought in with the guests by the right of the receptum nautarum cauponum stabulariorum on the basis of the in factum complaint (known also as the actio de recepto). The receptum became unnecessary in the course of time since taking responsibility by the aforementioned owners took place ipso iure at the moment of actual bringing in things by the guests and it was meant as a tacit consent. The boundary of this liability was very extensive (reaching even the vis maior). Eventually, since the time of Labeo the exceptio in favour of the exercitor navis was introduced in cases of damage caused by a shipwreck or a pirate’s raid, and later was extended to cases of fire, deluge, falling of a building and riots. This type of limited, objective liability was termed as the custodia. The actio de recepto considering its reipersecutorial character was included in the actiones perpetuae and vested also against the heirs of a person liable ex recepto.
This article is the general introduction into the aforementioned ex recepto liability and also into the circumstances which accompanied issuing the above praetors’ edict.
Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 43 - 53
This paper presents the issue of the influence of the Roman Law on the English legal system through its historical development. One can find several fields where Roman Law, or ius commune was useful in England, like legal education, foreign serviced, the science of law and the practice of several courts administering equity, admiralty or ecclesiastical jurisdiction.
The Court of Chancery was a significant element of the English judicial system that operated outside the sphere of the common law. The equity law, intended to be a remedy for the strict rules of the common law, borrowed much from the Roman law. Many chancellors and masters in Chancery, having obtained a D.C.L or LL.D degree were open to adopt Roman law rules in the Court’s practice. In the common opinion, some of the equity institutions were borrowed from the Roman law, like trust (fideicomissum) or elements of mortgage (equity of redemption). Many “rules of equity” have also their origins in the Roman jurisprudence.
Many of Admiralty judges were doctors of civil law and members of the elitists organization Doctors’ Commons. Some of the court’s jurisdiction wad based on the Roman law, which was one of the reasons for professional envy and jealousy presented by common law judges headed by Sir Edward Coke. The Court of Admiralty was undoubtedly the most powerful English judicial institution using the rules of Roman law in its practice. One of the respodentia, based on the pecunia traiecticia and foenus nauticum.
Contemporary English barristers-to be are still required to get a pass in the Roman Law, in the United States the knowledge of the Roman Law is the mark of a very high professional status of the lawyer. Even American universities continue to offer summer courses in Roman Law and they still find applicants.
Janusz Sondel
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 55 - 70
In the Middle Ages there functioned two models of organizing the University life. On one hand there was the corporate model which provided for the organization of the scholars according to the guild pattern: the scholars elected their Rector from among themselves and, on the basis of the agreed tuition fee, employed professors. In the collegial model, in its turn, these were the professors who made up their own community. Casimir the Great selected the first of the two aforementioned models while founding his University in which he planned to form three faculties: of law, medicine and liberal arts. He failed however to receive the acceptance of the Pope for creating the faculty of theology. Hence the founding document contains no mention of such faculty. The King conceived of law as the most significant line of studies. Casimir the Great thought it particularly necessary to entrust the judiciary with the qualified lawyers. In addition, he urgently needed the latter to develop diplomatic activities in the international scene. It was however due to unfavourable circumstances that during this monarch’s life only the faculty of liberal arts began to function. What facilitated its functioning was the fact that the faculty did not appear on intellectual desert. It could resort to the potential previously formed by the Cathedral School as well as school attached to the parish of Our Lady, the school being characterized by high educational level. The instruction that was given in the discussed faculty encompassed a traditional area of trivium, i.e. grammar, rhetoric, dialectics, as well as quadrivium including arithmetics, geometry, astronomy and music. Although upon the death of its founder the Cracow Academy suspended its activities, there were some scholars who managed to be awarded baccalaureati in the Academy’s artes. This testifies to the fact that Casimir the Great’s concept referring to the Academy’s profile of studies was, at least to some extent, materialized.
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 73 - 90
Polish-Lithuanian Seym of 1576 convened at Toruń was the first ordinary parliament under the reign of the second freely elected Polish king, Stephen Bathory (1576–1586). According to the opinion of legal historians this Seym was ineffective since no parliament-adopted statute (in the old-Polish terminology referred to as the constitution) was issued during its stormy debates. This was due to fact that at that time there appeared a serious divergence between what the monarch (who was preoccupied with the civil war between the Crown and the city of Gdańsk) expected from this Parliament and the Polish-Lithuanian gentry that tended toward fundamental constitutional reforms. In my opinion, this Parliament, functioning under the pressure of necessity, went as far as adopting two enactments of the end of November 1576, referred to as the ordinances. One of them dealt with the duty of the towns to accommodate the royal officers. The other one limited itself to appointing special deputies of both houses of the Seym, and equipping them with the task of collecting and administering a socalled defense tax. In the volumes of Metrica Regni Poloniae, numbered 113–115, there were also registered a plenty of privileges issued for towns and some social groups at that period. There were also contained in them some documents illustrative of parliamentary debates. The content of the discussed volumes sheds a new light on the efficiency of Conventus Generalis Torunensis A.D. 1576.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 91 - 119
When viewed from the perspective of the hitherto made research, the royal legacja and royal proposal are regarded as the manifestation of the monarch’s right to introduce bill. If that opinion were true the subject of debate held in the General Seym of the Crown should be the preliminary bills as contained in these two undertakings: the one made in writing (legacja), the other articulated by the words of mouth (proposal). These preliminary bills should be also reflected in the content of statutory law as adopted on their basis. Yet when thoroughly read, the texts of preserved legacjas and proposals, dating back to the reign of Sigismund III, do not seem to support that opinion. In fact the legacjas and proposals contained no – even those preliminarily formulated – bills. The legacjas and proposals may only fall under the category of programs of sessions of the Seyms that were planned to be convened.
These were first of all the deputies who had the right to introduce bills. It was therefore in the lower house that, as a result of debates, the bills were formed. The concepts of such bills, when unanimously adopted by lower house deputies, were subsequently subjected to conclusive acceptance in the Senate, the acceptance being made in the presence of three debating estates
Sylwester Ślusarczyk
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 121 - 134
The present paper discusses the regulations (Ordynacja) issued on the 6th of June 1759 and governing the jurydyka Wygoda, the jurydyka being an enclave subjected to the authorities other than those of the city in which jurydyka was located. The paper discusses the content of the regulations and the innovations that they introduced in the jurydyka’s organization.
The regulations governing the jurydykas, despite their resemblance to similar acts issued for villages, had their own specificacy. The latter referred to the problems that they regulated, modus procedendi applied for their adoption as well as the influence that the jurydyka’s community might have on the content of the regulations.
The analysed regulations are designed to introduce some order into the situation prevalent in the jurydyka. Therefore the regulations reactivate the office of the commune head and the benchers. They try to improve their functioning and restore the weakened prestige of the owners of jurydyka. They try to oppose the interference in the jurydyka’s affairs as made by the external authorities.
The author of the paper emphasizes the significance of those provisions of the regulations that provide for the principles along which the contracts referring to the jurydykas’ real estates should be formulated, there being formed a larger control over such transactions. The regulations tried to simplify and improve the organization and functioning of the commune head and the benchers. Likewise, they tried to prevent the abuse of law. The study of the regulations enlarges our knowledge about the functioning of the old-time jurydykas in Cracow.
Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 137 - 154
When ruled by Peter Leopold (1765–1790), the Grand Duchy of Tuscany was regarded as the “model state of enlightened absolutism”. Young ruler carried out numerous reforms in his state. They were of political, social and economic nature. The area in which there was an attempt made to introduce considerable changes were the relationships between State and Church. The first stage of reforms was concluded with the synod of Pistoia. On occasion of holding this synod, the reformers, headed by bishop Scipione de’Ricci, tried to introduce a series of changes into the relationships inside the Church. The changes varied from those of organizational type to those referring to theology and dogmas. The aforementioned synod ended with the victory of reformers, yet an attempt to transfer its achievements into the territory of other dioceses of Tuscany faced the resistance of conservative episcopate and caused a spectacular defeat of the reformatory camp (gathering of bishops in Florence). The conflicts between State and Church, observable in the international scene, usually ended with the victory of State authorities but the plans to drum up the support of multitude for the Church reforms produced a countereffect in the form of riots against the reform-oriented clergy. The crowd protests in Prato, Pistoia and Florence were designed to defend the traditional model of religiousness, cult of saints, relics and pictures as well as the Latin language as used in liturgy. These protests forced the millieu of bishop de’Ricci to resign from the remarkable part of planned reforms.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 155 - 161
After the first partition of Poland, it was in the Austrian partition zone of Galicia that the Josephinistic legislation treated the priest as the civil servant. He was therefore charged with the duties to draw up and keep certificates typical of the civil registry office. In view of the previous absence of homogeneous practice in this area, the requirements laid down by the Austrian statutory law seemed to be advisable. The requirements referred in particular to baptism, marriage and death certificates. Those who were obligated to see to it that the entries be correctly made were the bishops on occasion of their inspection of parishes. Also the competitions for the Church posts, including those of the parish priest, were the manifestations of the control excercised by the administration over the priests, this being reminiscent of the medieval dispute referring to investiture. Also a series of detailed provisions referring to the Church area and concerned with the fire prevention, minerals obtained by mining or forest economy, were exponential of administrative dealings with clergy.
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 163 - 174
The Constitution of the Duchy of Warsaw may be regarded as the model implementation of the Napoleonic constitutional ideas. The Constitution contained the quintessence of Bonapartism: personal rule of the monarch based upon the professional centralized bureaucracy, accompanied by parliament whose role was more decorative than real. Although such system was alien to Polish parliamentary tradition the Poles surprisingly easily adapted themselves to it. Many factors were at work to reach that goal: longing for independent state, the desire to do away with the harsh Prussian regime and the hopes of full restoring of independence. What was of utmost significance was the fact that state apparatus became the fully national structure. The Duchy of Warsaw was acknowledged as the constitutional continuation of old-time Poland.
The Napoleonic civil law legislation, as introduced in the Duchy of Warsaw, was anti-feudal in its content. Hence, it sometimes did not fit the socio-economic circumstances prevalent on the Polish soil. Yet, despite the fact that the Code Civil had no stronger links with the Polish legal tradition and contained the provisions which were excessively revolutionary from the point of view of conservative attitudes of landed gentry, it soon ceased to give rise to negative emotions. This was so because its liberal and egalitarian assumptions in fact corresponded the freedom-promoting ethos of Polish nobility. The ardent supporters of the Code were not only detectable among the governing elites but, one might say, the entire society promptly adapted themselves to its provisions. However these norms of the Code Civil which dramatically departed from Polish mentality, like e.g. lay matrimonial law, remained a dead letter. The Napoleonic legislation did not, therefore, thoroughly transformed the social relationships on the Polish soil but it undoubtedly had an impact on the democratization of Polish society and modernization of state structures, particularly the administration and the judiciary.
Anna Zarzycka
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 175 - 193
It was the Preparatory Commission, referred to also as the Commission for Code Amendments, that in the Kingdom of Poland, in the years 1815–1817, was assigned the task of preparing the amendments to the Napoleonic Code. These were Jan Wincenty Bandtke, Antoni Wyczechowski and Prince Adam Czartoryski who demonstrated particular activity in to Commission since they had their own plans of forming national law. However the plans of codifying property law on the basis of old-Polish and Lithuanian patterns were sharply criticized in the Administrative Council (the debate of the 26 th of March 1817) ad in the Governmental Commission of Justice. Despite the fact that Tsar Alexander I and the political millieu in Petersburg suggested that the work over codification be postponed until non-specified date, the Lawmaking Commission, composed of 8 members, continued the fragmentary codifying efforts in 1817–1818. These efforts resulted in the amendments to the law of marriage, of mortgage, and the law on marking out borders as well as that referring to interest rates and moratory questions. The amendments were adopted by the Seym in 1818.
Władysław Pęksa
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 195 - 206
Free, independent and strictly neutral City of Cracow (so called Republic of Cracow) which appeared in 1815 and survived until 1846, made up a peculiar type of statehood. Despite being a subject of international law it was not considered to be a fully sovereign entity since, from the very beginning it was “in the care” of three protective Courts (of Russia, Austria and Prussia). The scope of this “care” determined the boundaries within which the Three Powers’ intervention in Free City’s internal affairs was admissible.
It is against this background that there may appear a question, often formulated in research on international law: what type of statehood did the Free City Cracow represent? Can one speak of the “state” in its case at all. There may be raised arguments that it was rather the territory that was subject to no one’ sovereignty but functioning under international protection. In other words, there may be formulated the question: is it possible to point to other entities that would resemble that of Free City Cracow.
Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 207 - 212
It was in the Austro-Hungarian monarchy that, on the basis of the ordinance of 1888 those young individuals who completed their education at the high school or university levels with top distinction, could apply for the diploma sub auspiciis imperatoris.
The motion for such a diploma was drawn up by the Academic Senate while the decision was taken by the Ministerium für Cultur und Unterricht, the diploma being signed by the emperor himself. The laureate received therefore the diploma that was solemn in its form. Likewise, he received, from the emperor, the ring with the imperial coat of arms and monogram.
This distraction, stimulative of the ambitions of young people, was of considerable significance in the further career of the laureates. This distinction was introduced at the time when the old class structure of the Habsburg Monarchy was already being deprived of its legal foundation. As a result, the armorial signet rings in informative of the nobiliary affiliation could, in the course of time, be replaced by those obtained with one’s own knowledge and value. This, in its turn, would lead to the forming of the elite whose origin would not rely on birth but on merits.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 213 - 231
The paper is based on the search query as made in the State Archives in Cracow, and specifically on the analysis of files of the Cracow Circuit Court covering the years 1918–1945. In both discussed trials whose objective was the separation of spouses these were the husbands who filed the application. They were Catholics with the University educational background and both were the sons of the professors of law the inter-war period. In the first case, supplied with the court reference no.: SOKC 4334 (Cg XI f 713/21) it took the trial almost three years and a half (from 31 May 1921 until 17 September 1924) to be ended, the case being examined in the three instances. The Cracow Circuit Court, after 6 hearing sessions, dismissed the application for the separation. The Appellate Court upheld this decision while the Supreme Court in which the motion for the revision was lodged unexpectedly found the decision justified and adjudicated on the separation of spouses on the basis of the fault that it attributed to both parties.
The files of the second trial were supplied with the reference no.: SOKC 797 (I C 1323/34). It took the trial 17 months (from 8 November 1934 until 21 April 1936) to end, after four hearing sessions. The decision amounted to the suspension of legal proceedings. For 3 years that followed the parties did not apply for the resuming of the proceedings. As a result the Cracow Circuit Court issued, on the 18th of March 1941, the “On Behalf of the Law” decision on the discontinuance of the suspended proceedings for the separation, thereby fulfilling the requirement of legalism. These proceedings could be classified among those that were most time consuming, the case being tried in one instance. In view of the fact that divorces were not admitted on the basis of the ABGB, the separation trials as instituted by Catholic spouses in Polonia Minora region were decidedly the most frequent method that was applied to deal with difficult matrimonial issues by married couples.
Rafał Łyszczek
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 233 - 251
Legal historians hardly ever show interest in discussing the norms that regulate the executory process. It was for a dosen or so years that in the inter-war Poland there functioned three parallel but different systems of executive agencies. They were inherited from the partitioning powers. It was only on the 1st of January 1933 that some uniformity was introduced into the system by the putting into force of the provisions on executory process which supplemented the code of civil procedure. It was from that time on that the debt collectors became the nation-wide executive agents. The pattern that was exploited on occasion of the aforementioned unification was that borrowed from Prussia., other solutions, after modifying, being however also resorted to. The new provisions formed a fairly coherent system although not devoid of defects. The amendments to the discussed system were however prevented from being introduced due to the outbreak of World War II.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 253 - 260
The present paper was written as early as 1992 on occasion of the first anniversary of adoption of the Statute on income tax which was designed to be collected from natural persons. It was on occasion of discussion referring to the principles of tax law that the present paper recalled the tax-related slogans at one time formulated by Adam Smith. These slogans make up the canon of fiscal theory accepted by the outstanding Polish experts on the problem, inter alia by Fryderyk Skarbek, Stanisław Głąbiński, Adam Krzyżanowski or Henryk Radziszewski. In the context of these slogans the solutions of the Statute of 1991 were subjected to criticism. The problem is that the creators of the Statute, in its detailed solutions, did not show full respect to the principles of justice ad equality that laid the foundations of social order. The analysis of the aforementioned detailed statutory solutions should help the legislator to arrive at the reflection that the fiscal difficulties experienced by the state cannot be mechanically regulated by burdening the poorest in the some way as the rich are burdened.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 13 - 16
On the 13th of February 2006 there took place in Cracow the ceremony of burying Professor Stanisław Płaza, an outstanding historian of Polish law, professor of the Jagiellonian University, responsible for educating many generations of lawyers. Professor Płaza was born on the 8th of November 1927 in the peasant family in Jarosławice, in the eastern marches. Upon the outbreak of World War II he and his family were deported to Siberia by the Soviet authorities. He returned to Poland in 1945 and in 1949 he passed his high school finals in the Jan Sobieski Memorial Secondary School in Cracow. In 1954 he graduated from the Law Faculty of the Jagiellonian University. Later, for some time he was employed in the State Archive, which was a significant experience in his career. Since 1957 he was permanently bound with the University. Among his rich scholarly achievements there is detectable the research concerned with the peasant law. In this area he published valuable court record books. He laid a considerable emphasis on the research relating to the constitutional system of the 16th and 17th century Poland. He investigated inter alia the legal issues of interregna and nobiliary Seymiks. Since he was a determined advocate of comparative research he compiled a multivolumed synthesis of Polish legal history as set against the background of European developments. He was famous for his research of source-book and bibliography type. He did his teaching with enormous energy and sympathy. He supervised a considerable number of LLM and LLD alumni. He was professionally active until the end of his days. He will stay in our hearts as an individual distinguished by his enormous knowledge, great heart, kindness and sympathy.
Paulina Święcicka
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 17 - 32
The lex Aquilia de damno was undoubtedly one of the most important statutory enactments on private law in Roman Antiquity. Nevertheless, there is a lot of controversy connected with this lex, starting with the circumstances of its passing and its dating. Scholars in Roman law are quite sure that this law was undoubtedly subsequent to the lex duodecim tabularum, and it was passed by an assembly of the plebs after it had been proposed by tribune Aquilius [Ulp. D.9.2.1.pr.–1]. But the fragments of sources we possess, such as Gai 3.214, 3.218, 4.37; Ulp. D.9.2.27.22, Pomp. D.9.2.39; I.4.3.14–15, lead us inevitably into the field of speculation.
The aim of this study is to discuss and revise the propositions of dating the lex Aquilia which have appeared in the doctrine of Roman law since 19th century, such as the year 286 B.C., based mainly on a passage in Theophilus’ paraphrase of Justinian’s Institutiones [the Byzantine sources, Par.4.3.15’ also scholia anon. ad Bas. 60.3.1] and which is accepted by a fairly strong body of opinion. Also the propositions of dating made in accordance to the social, political and economic situation are critically considered; as well as some important findings which were made on the base of stylistic and linguistic arguments. The whole analysis made the author propose a dating of the second rather than the first half of the 3rd century B.C. as the most probable.
Tomasz Palmirski
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 33 - 41
Protection to people who transported their goods by ships, stayed at inns or who left their horses in stables in case they suffered the damage of their things being robbed or damaged was served by the praetor in his edict (in factum adversus nautas caupones stabularios).
Shipowners (exercitores navis), innkeepers (caupones) and stable owners (stabularii) were also responsible for the things brought in with the guests by the right of the receptum nautarum cauponum stabulariorum on the basis of the in factum complaint (known also as the actio de recepto). The receptum became unnecessary in the course of time since taking responsibility by the aforementioned owners took place ipso iure at the moment of actual bringing in things by the guests and it was meant as a tacit consent. The boundary of this liability was very extensive (reaching even the vis maior). Eventually, since the time of Labeo the exceptio in favour of the exercitor navis was introduced in cases of damage caused by a shipwreck or a pirate’s raid, and later was extended to cases of fire, deluge, falling of a building and riots. This type of limited, objective liability was termed as the custodia. The actio de recepto considering its reipersecutorial character was included in the actiones perpetuae and vested also against the heirs of a person liable ex recepto.
This article is the general introduction into the aforementioned ex recepto liability and also into the circumstances which accompanied issuing the above praetors’ edict.
Łukasz Marzec
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 43 - 53
This paper presents the issue of the influence of the Roman Law on the English legal system through its historical development. One can find several fields where Roman Law, or ius commune was useful in England, like legal education, foreign serviced, the science of law and the practice of several courts administering equity, admiralty or ecclesiastical jurisdiction.
The Court of Chancery was a significant element of the English judicial system that operated outside the sphere of the common law. The equity law, intended to be a remedy for the strict rules of the common law, borrowed much from the Roman law. Many chancellors and masters in Chancery, having obtained a D.C.L or LL.D degree were open to adopt Roman law rules in the Court’s practice. In the common opinion, some of the equity institutions were borrowed from the Roman law, like trust (fideicomissum) or elements of mortgage (equity of redemption). Many “rules of equity” have also their origins in the Roman jurisprudence.
Many of Admiralty judges were doctors of civil law and members of the elitists organization Doctors’ Commons. Some of the court’s jurisdiction wad based on the Roman law, which was one of the reasons for professional envy and jealousy presented by common law judges headed by Sir Edward Coke. The Court of Admiralty was undoubtedly the most powerful English judicial institution using the rules of Roman law in its practice. One of the respodentia, based on the pecunia traiecticia and foenus nauticum.
Contemporary English barristers-to be are still required to get a pass in the Roman Law, in the United States the knowledge of the Roman Law is the mark of a very high professional status of the lawyer. Even American universities continue to offer summer courses in Roman Law and they still find applicants.
Janusz Sondel
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 55 - 70
In the Middle Ages there functioned two models of organizing the University life. On one hand there was the corporate model which provided for the organization of the scholars according to the guild pattern: the scholars elected their Rector from among themselves and, on the basis of the agreed tuition fee, employed professors. In the collegial model, in its turn, these were the professors who made up their own community. Casimir the Great selected the first of the two aforementioned models while founding his University in which he planned to form three faculties: of law, medicine and liberal arts. He failed however to receive the acceptance of the Pope for creating the faculty of theology. Hence the founding document contains no mention of such faculty. The King conceived of law as the most significant line of studies. Casimir the Great thought it particularly necessary to entrust the judiciary with the qualified lawyers. In addition, he urgently needed the latter to develop diplomatic activities in the international scene. It was however due to unfavourable circumstances that during this monarch’s life only the faculty of liberal arts began to function. What facilitated its functioning was the fact that the faculty did not appear on intellectual desert. It could resort to the potential previously formed by the Cathedral School as well as school attached to the parish of Our Lady, the school being characterized by high educational level. The instruction that was given in the discussed faculty encompassed a traditional area of trivium, i.e. grammar, rhetoric, dialectics, as well as quadrivium including arithmetics, geometry, astronomy and music. Although upon the death of its founder the Cracow Academy suspended its activities, there were some scholars who managed to be awarded baccalaureati in the Academy’s artes. This testifies to the fact that Casimir the Great’s concept referring to the Academy’s profile of studies was, at least to some extent, materialized.
Anna Karabowicz
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 73 - 90
Polish-Lithuanian Seym of 1576 convened at Toruń was the first ordinary parliament under the reign of the second freely elected Polish king, Stephen Bathory (1576–1586). According to the opinion of legal historians this Seym was ineffective since no parliament-adopted statute (in the old-Polish terminology referred to as the constitution) was issued during its stormy debates. This was due to fact that at that time there appeared a serious divergence between what the monarch (who was preoccupied with the civil war between the Crown and the city of Gdańsk) expected from this Parliament and the Polish-Lithuanian gentry that tended toward fundamental constitutional reforms. In my opinion, this Parliament, functioning under the pressure of necessity, went as far as adopting two enactments of the end of November 1576, referred to as the ordinances. One of them dealt with the duty of the towns to accommodate the royal officers. The other one limited itself to appointing special deputies of both houses of the Seym, and equipping them with the task of collecting and administering a socalled defense tax. In the volumes of Metrica Regni Poloniae, numbered 113–115, there were also registered a plenty of privileges issued for towns and some social groups at that period. There were also contained in them some documents illustrative of parliamentary debates. The content of the discussed volumes sheds a new light on the efficiency of Conventus Generalis Torunensis A.D. 1576.
Izabela Lewandowska-Malec
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 91 - 119
When viewed from the perspective of the hitherto made research, the royal legacja and royal proposal are regarded as the manifestation of the monarch’s right to introduce bill. If that opinion were true the subject of debate held in the General Seym of the Crown should be the preliminary bills as contained in these two undertakings: the one made in writing (legacja), the other articulated by the words of mouth (proposal). These preliminary bills should be also reflected in the content of statutory law as adopted on their basis. Yet when thoroughly read, the texts of preserved legacjas and proposals, dating back to the reign of Sigismund III, do not seem to support that opinion. In fact the legacjas and proposals contained no – even those preliminarily formulated – bills. The legacjas and proposals may only fall under the category of programs of sessions of the Seyms that were planned to be convened.
These were first of all the deputies who had the right to introduce bills. It was therefore in the lower house that, as a result of debates, the bills were formed. The concepts of such bills, when unanimously adopted by lower house deputies, were subsequently subjected to conclusive acceptance in the Senate, the acceptance being made in the presence of three debating estates
Sylwester Ślusarczyk
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 121 - 134
The present paper discusses the regulations (Ordynacja) issued on the 6th of June 1759 and governing the jurydyka Wygoda, the jurydyka being an enclave subjected to the authorities other than those of the city in which jurydyka was located. The paper discusses the content of the regulations and the innovations that they introduced in the jurydyka’s organization.
The regulations governing the jurydykas, despite their resemblance to similar acts issued for villages, had their own specificacy. The latter referred to the problems that they regulated, modus procedendi applied for their adoption as well as the influence that the jurydyka’s community might have on the content of the regulations.
The analysed regulations are designed to introduce some order into the situation prevalent in the jurydyka. Therefore the regulations reactivate the office of the commune head and the benchers. They try to improve their functioning and restore the weakened prestige of the owners of jurydyka. They try to oppose the interference in the jurydyka’s affairs as made by the external authorities.
The author of the paper emphasizes the significance of those provisions of the regulations that provide for the principles along which the contracts referring to the jurydykas’ real estates should be formulated, there being formed a larger control over such transactions. The regulations tried to simplify and improve the organization and functioning of the commune head and the benchers. Likewise, they tried to prevent the abuse of law. The study of the regulations enlarges our knowledge about the functioning of the old-time jurydykas in Cracow.
Marcin Kwiecień
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 137 - 154
When ruled by Peter Leopold (1765–1790), the Grand Duchy of Tuscany was regarded as the “model state of enlightened absolutism”. Young ruler carried out numerous reforms in his state. They were of political, social and economic nature. The area in which there was an attempt made to introduce considerable changes were the relationships between State and Church. The first stage of reforms was concluded with the synod of Pistoia. On occasion of holding this synod, the reformers, headed by bishop Scipione de’Ricci, tried to introduce a series of changes into the relationships inside the Church. The changes varied from those of organizational type to those referring to theology and dogmas. The aforementioned synod ended with the victory of reformers, yet an attempt to transfer its achievements into the territory of other dioceses of Tuscany faced the resistance of conservative episcopate and caused a spectacular defeat of the reformatory camp (gathering of bishops in Florence). The conflicts between State and Church, observable in the international scene, usually ended with the victory of State authorities but the plans to drum up the support of multitude for the Church reforms produced a countereffect in the form of riots against the reform-oriented clergy. The crowd protests in Prato, Pistoia and Florence were designed to defend the traditional model of religiousness, cult of saints, relics and pictures as well as the Latin language as used in liturgy. These protests forced the millieu of bishop de’Ricci to resign from the remarkable part of planned reforms.
Marian Małecki
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 155 - 161
After the first partition of Poland, it was in the Austrian partition zone of Galicia that the Josephinistic legislation treated the priest as the civil servant. He was therefore charged with the duties to draw up and keep certificates typical of the civil registry office. In view of the previous absence of homogeneous practice in this area, the requirements laid down by the Austrian statutory law seemed to be advisable. The requirements referred in particular to baptism, marriage and death certificates. Those who were obligated to see to it that the entries be correctly made were the bishops on occasion of their inspection of parishes. Also the competitions for the Church posts, including those of the parish priest, were the manifestations of the control excercised by the administration over the priests, this being reminiscent of the medieval dispute referring to investiture. Also a series of detailed provisions referring to the Church area and concerned with the fire prevention, minerals obtained by mining or forest economy, were exponential of administrative dealings with clergy.
Andrzej Dziadzio
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 163 - 174
The Constitution of the Duchy of Warsaw may be regarded as the model implementation of the Napoleonic constitutional ideas. The Constitution contained the quintessence of Bonapartism: personal rule of the monarch based upon the professional centralized bureaucracy, accompanied by parliament whose role was more decorative than real. Although such system was alien to Polish parliamentary tradition the Poles surprisingly easily adapted themselves to it. Many factors were at work to reach that goal: longing for independent state, the desire to do away with the harsh Prussian regime and the hopes of full restoring of independence. What was of utmost significance was the fact that state apparatus became the fully national structure. The Duchy of Warsaw was acknowledged as the constitutional continuation of old-time Poland.
The Napoleonic civil law legislation, as introduced in the Duchy of Warsaw, was anti-feudal in its content. Hence, it sometimes did not fit the socio-economic circumstances prevalent on the Polish soil. Yet, despite the fact that the Code Civil had no stronger links with the Polish legal tradition and contained the provisions which were excessively revolutionary from the point of view of conservative attitudes of landed gentry, it soon ceased to give rise to negative emotions. This was so because its liberal and egalitarian assumptions in fact corresponded the freedom-promoting ethos of Polish nobility. The ardent supporters of the Code were not only detectable among the governing elites but, one might say, the entire society promptly adapted themselves to its provisions. However these norms of the Code Civil which dramatically departed from Polish mentality, like e.g. lay matrimonial law, remained a dead letter. The Napoleonic legislation did not, therefore, thoroughly transformed the social relationships on the Polish soil but it undoubtedly had an impact on the democratization of Polish society and modernization of state structures, particularly the administration and the judiciary.
Anna Zarzycka
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 175 - 193
It was the Preparatory Commission, referred to also as the Commission for Code Amendments, that in the Kingdom of Poland, in the years 1815–1817, was assigned the task of preparing the amendments to the Napoleonic Code. These were Jan Wincenty Bandtke, Antoni Wyczechowski and Prince Adam Czartoryski who demonstrated particular activity in to Commission since they had their own plans of forming national law. However the plans of codifying property law on the basis of old-Polish and Lithuanian patterns were sharply criticized in the Administrative Council (the debate of the 26 th of March 1817) ad in the Governmental Commission of Justice. Despite the fact that Tsar Alexander I and the political millieu in Petersburg suggested that the work over codification be postponed until non-specified date, the Lawmaking Commission, composed of 8 members, continued the fragmentary codifying efforts in 1817–1818. These efforts resulted in the amendments to the law of marriage, of mortgage, and the law on marking out borders as well as that referring to interest rates and moratory questions. The amendments were adopted by the Seym in 1818.
Władysław Pęksa
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 195 - 206
Free, independent and strictly neutral City of Cracow (so called Republic of Cracow) which appeared in 1815 and survived until 1846, made up a peculiar type of statehood. Despite being a subject of international law it was not considered to be a fully sovereign entity since, from the very beginning it was “in the care” of three protective Courts (of Russia, Austria and Prussia). The scope of this “care” determined the boundaries within which the Three Powers’ intervention in Free City’s internal affairs was admissible.
It is against this background that there may appear a question, often formulated in research on international law: what type of statehood did the Free City Cracow represent? Can one speak of the “state” in its case at all. There may be raised arguments that it was rather the territory that was subject to no one’ sovereignty but functioning under international protection. In other words, there may be formulated the question: is it possible to point to other entities that would resemble that of Free City Cracow.
Stanisław Grodziski
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 207 - 212
It was in the Austro-Hungarian monarchy that, on the basis of the ordinance of 1888 those young individuals who completed their education at the high school or university levels with top distinction, could apply for the diploma sub auspiciis imperatoris.
The motion for such a diploma was drawn up by the Academic Senate while the decision was taken by the Ministerium für Cultur und Unterricht, the diploma being signed by the emperor himself. The laureate received therefore the diploma that was solemn in its form. Likewise, he received, from the emperor, the ring with the imperial coat of arms and monogram.
This distraction, stimulative of the ambitions of young people, was of considerable significance in the further career of the laureates. This distinction was introduced at the time when the old class structure of the Habsburg Monarchy was already being deprived of its legal foundation. As a result, the armorial signet rings in informative of the nobiliary affiliation could, in the course of time, be replaced by those obtained with one’s own knowledge and value. This, in its turn, would lead to the forming of the elite whose origin would not rely on birth but on merits.
Zdzisław Zarzycki
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 213 - 231
The paper is based on the search query as made in the State Archives in Cracow, and specifically on the analysis of files of the Cracow Circuit Court covering the years 1918–1945. In both discussed trials whose objective was the separation of spouses these were the husbands who filed the application. They were Catholics with the University educational background and both were the sons of the professors of law the inter-war period. In the first case, supplied with the court reference no.: SOKC 4334 (Cg XI f 713/21) it took the trial almost three years and a half (from 31 May 1921 until 17 September 1924) to be ended, the case being examined in the three instances. The Cracow Circuit Court, after 6 hearing sessions, dismissed the application for the separation. The Appellate Court upheld this decision while the Supreme Court in which the motion for the revision was lodged unexpectedly found the decision justified and adjudicated on the separation of spouses on the basis of the fault that it attributed to both parties.
The files of the second trial were supplied with the reference no.: SOKC 797 (I C 1323/34). It took the trial 17 months (from 8 November 1934 until 21 April 1936) to end, after four hearing sessions. The decision amounted to the suspension of legal proceedings. For 3 years that followed the parties did not apply for the resuming of the proceedings. As a result the Cracow Circuit Court issued, on the 18th of March 1941, the “On Behalf of the Law” decision on the discontinuance of the suspended proceedings for the separation, thereby fulfilling the requirement of legalism. These proceedings could be classified among those that were most time consuming, the case being tried in one instance. In view of the fact that divorces were not admitted on the basis of the ABGB, the separation trials as instituted by Catholic spouses in Polonia Minora region were decidedly the most frequent method that was applied to deal with difficult matrimonial issues by married couples.
Rafał Łyszczek
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 233 - 251
Legal historians hardly ever show interest in discussing the norms that regulate the executory process. It was for a dosen or so years that in the inter-war Poland there functioned three parallel but different systems of executive agencies. They were inherited from the partitioning powers. It was only on the 1st of January 1933 that some uniformity was introduced into the system by the putting into force of the provisions on executory process which supplemented the code of civil procedure. It was from that time on that the debt collectors became the nation-wide executive agents. The pattern that was exploited on occasion of the aforementioned unification was that borrowed from Prussia., other solutions, after modifying, being however also resorted to. The new provisions formed a fairly coherent system although not devoid of defects. The amendments to the discussed system were however prevented from being introduced due to the outbreak of World War II.
Wacław Uruszczak
Cracow Studies of Constitutional and Legal History, Volume 2, Volume 2 (2008), pp. 253 - 260
The present paper was written as early as 1992 on occasion of the first anniversary of adoption of the Statute on income tax which was designed to be collected from natural persons. It was on occasion of discussion referring to the principles of tax law that the present paper recalled the tax-related slogans at one time formulated by Adam Smith. These slogans make up the canon of fiscal theory accepted by the outstanding Polish experts on the problem, inter alia by Fryderyk Skarbek, Stanisław Głąbiński, Adam Krzyżanowski or Henryk Radziszewski. In the context of these slogans the solutions of the Statute of 1991 were subjected to criticism. The problem is that the creators of the Statute, in its detailed solutions, did not show full respect to the principles of justice ad equality that laid the foundations of social order. The analysis of the aforementioned detailed statutory solutions should help the legislator to arrive at the reflection that the fiscal difficulties experienced by the state cannot be mechanically regulated by burdening the poorest in the some way as the rich are burdened.