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Cracow Studies of Constitutional and Legal History

Description

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

Abbreviations: Krak. Stud. Hist. Państwa Prawa

DOI: 10.4467/20844131KS

Editorial team

Editor-in-Chief:
Prof. dr hab. Krystyna Chojnicka
Deputy Editor-in-Chief:
Dr hab., Prof. UJ Maciej Mikuła
Secretary:
Dr Kacper Górski
Editors:
Dr hab. Krzysztof Fokt
Dr hab., prof. UG Michał Gałędek
Dr hab. Jan Halberda
Dr hab., prof. UKW Karol Siemaszko
Dr hab., prof. UMK Anna Tarnowska
Dr Anna Ceglarska
Dr Jakub Pokoj
Dr Damian Szczepaniak
Thematic Editor:
Prof. dr hab. Dorota Malec

Affiliation

Jagiellonian University in Kraków

Journal content

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Volume 18, Zeszyt 4

Publication date: 12.05.2026

Editor-in-Chief: Krystyna Chojnicka

Deputy Editor-in-Chief: Maciej Mikuła

Secretary: Kacper Górski

Excellence Initiative logotypeThe 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.

Cover design: Paweł Bigos

Issue content

Articles

Mateusz Mataniak, Paulina Kamińska

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 611-631

https://doi.org/10.4467/20844131KS.25.037.23074
The article presents the issue of resolving disputes between “employers” and “employees” by the courts of the Free City of Cracow (1815–1846). This was based on the regulations of the newly implemented Napoleonic Code of 1804. It is shown that due to the scarcity of the provisions relating to contracts of lease of labor (Articles 1708–1711, 1779–1781), Cracow judges and advocates were very keen to refer to the regulations on contractual relations (Title III of Book 3 of the Code Civil). The analysis covered several cases concerning various forms of work services (lease of services). The findings were based on court files from the Tribunal of First Instance, the Court of Appeal, the Court of Third Instance and the Higher Court, stored in the National Archives in Kraków. The article is a contribution to research on the beginnings of labor law on Polish lands in the first half of the 19th century.
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Ryszard Tomczyk

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 633-657

https://doi.org/10.4467/20844131KS.25.038.23075
The outbreak of the January Uprising in the Russian partition awakened hopes in patriotic circles in Austrian Galicia. Some of the inhabitants of Galicia crossed the border and took part in the uprising, others were involved in clandestine activities to provide supplies for the insurgents. Noticing this process, the Austrian authorities took restrictive measures based on existing law. Mass inspections and searches, not only in the border zone, but also in the interior of Galicia, resulted in numerous arrests. They covered wider circles of Galician society – landed noblemen, intelligentsia and craftsmen. Participants in the uprising and conspiratorial activists in Galicia were tried, initially in civil courts, and, with a state of emergency being declared, in military courts. After the fall of the uprising, the Austrian authorities began to gradually lift the restrictions. Finally, on April 18, 1865, the state of emergency in Galicia ended. The restrictive actions taken by the Austrian authorities significantly limited the possibilities of supporting insurgent activities in the Russian partition. They reduced the possibilities of conducting a broader mobilization of volunteers to fight and supplying insurgent units with weapons and ammunition. They also limited the propaganda impact on the spirit of patriotism and revolution on the Polish society in Galicia.
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Petr Dostalík

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 659-677

https://doi.org/10.4467/20844131KS.25.039.23076
This article examines the legal regulation of joint-stock companies in Czechoslovakia, focusing particularly on the Joint-Stock Companies Act (No. 243/1949 Coll.) and its historical development. It offers a comparative analysis between the socialist-era framework and its predecessors rooted in Austrian commercial law, especially the General German Commercial Code of 1861 (ADHGB) and the Austrian Commercial Code of 1861 (AHGB). The study traces the evolution of joint-stock company law from the Austro-Hungarian Empire through the interwar Czechoslovak Republic and the communist era, culminating in the post-1989 reforms and the current Czech legal framework under the Commercial Corporations Act (No. 90/2012 Coll.). The paper highlights the ideological and political shifts that shaped the transformation from state-controlled economic models to a modern market-oriented corporate structure, while emphasizing the continuity and adaptation of legal traditions throughout these changes.
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Review articles

Anna Grześkowiak-Krwawicz

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 679-689

https://doi.org/10.4467/20844131KS.25.040.23077
The article offers an analysis and assessment of the critical edition of the advice for Poland prepared by three well-known philosophers of the Enlightenment (Jean-Jacques Rousseau, Gabriel Bonnot de Mably, and Paul Pierre Lemercier de la Rivière), as well as of the manuscripts preserved in the Central Archives of Historical Records in Warsaw that were prepared for these philosophers by Michał Wielhorski, together with the record of the discussion between Mably and the Bar Confederates. The author of the article emphasizes that the texts included in the reviewed volume are of great value for research on the political thought of the Enlightenment and bringing them together in a single publication was a highly valuable scholarly initiative. However, in her view, the editors failed to meet this challenge. Their undertaking is burdened by very serious gaps and errors, both in terms of their knowledge of the relevant literature – including the fundamental studies of Jerzy Michalski – and in their editorial work on the source texts themselves. The author presents in detail the technical and substantive mistakes made by the editors and ultimately concludes that they disqualify the work as a reliable scholarly resource.
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Editions of primary sources

Andrzej Gierszewski, Piotr Kitowski

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 691-702

https://doi.org/10.4467/20844131KS.25.041.23078
Both large and small Prussian cities enacted numerous laws regulating fire protection. Similar provisions can be found in the Willkür, ordinances and other regulations. The subject of this article is the ordinance of one of the most important towns of the former Pomeranian Palatinate, namely, Chojnice. This document, preserved at the Max Planck Institut für Rechtsgeschichte und Rechtstheorie in Frankfurt am Main, represents one of the few preserved acts of this kind related to small early modern Pomeranian municipalities demonstrating efforts to safeguard the town against the unpredictable element of fire.
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Chronicle of scholarly events

Timotej Práznovský

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 711-716

https://doi.org/10.4467/20844131KS.25.043.23080
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Roman Shandra

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 729-730

https://doi.org/10.4467/20844131KS.25.045.23082
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Paulina Kamińska

Cracow Studies of Constitutional and Legal History, Volume 18, Zeszyt 4, Volume 18 (2025), pp. 741-742

https://doi.org/10.4467/20844131KS.25.047.23084
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