Tom 9 Special Issue

Special Issues

Publication date: 14.07.2017

Description

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.

Volume Editors: prof. dr hab. Dorota Malec, prof. dr hab. Wacław Uruszczak, dr Maciej Mikuła, mgr Kacper Górski

Translated by: Andrzej Branny

Licence: CC BY-NC-ND

Editorial team

Translator Andrzej Branny

Issue editors Dorota Malec, Wacław Uruszczak, Maciej Mikuła, Kacper Górski

Issue content

Caesaropapism and the Reality of the 4th–5th Century Roman Empire

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.16.032.6970

The relationships between the secular authorities and the ecclesiastical hierarchy in the Roman Empire of the discussed epoch do not follow the simple pattern known as “caesaropapism” or other similar models of sovereign’s supremacy over the church hierarchy within the “State church”. The reality was much more complex then, since a new model, known as “symphony” began to develop. The notion of “symphony” should be understood as a kind of close cooperation of both powers within the uniform Christian society. Popes strongly affirmed the primacy of Rome within the church. At that time the theory of Pope Gelasius and the doctrine of St. Augustine played a prominent role. Nevertheless, these ideas were not widely received in the East. Later on, the Gelasian and Augustinian theories begun to be studied and appreciated in the scholastic milieu, where the new model of the relationship between the secular and papal power was developing.

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Taming Egoism: Adam Smith on Empathy, Imagination and Justice

Agnieszka Czarnecka

Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 29 - 37

https://doi.org/10.4467/20844131KS.16.033.6971

I argue that the construction of the social order, as shown by Adam Smith in The Theory of Moral Sentiments, depends on people’s ability to tame their inborn egoism. According to the philosopher’s anthropological assumptions a human being learns through life experiences how to control his self- interest so that it does not threaten societal existence. During socialization, a human being – still an egoist to some extent – continues role-playing by the use of the psychological mechanisms of empathy and imagination. As a result he develops sympathy, at first, as a reaction to real people’s emotions experienced in a particular context. Finally, he naturally and more and more unconsciously takes under consideration the perspective of an impartial spectator. The gradually developing process brings about consequences that improve social morality, such as control over the expression of intense emotions, which is a condition for experiencing emotional harmony, or a refrain from pursuing one’s self-interest at the expense of someone else, so as not to become a subject of social contempt. One should also bear in mind that none of these consequences was carefully planned in advance nor purposefully executed.

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Liberty in Jean-Jacques Rousseau: between the Ancient and the Modern

Iwona 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.16.034.6972

Rousseau’s philosophy can be situated as a continuum between the ancient and the modern traditions; we argue that it does not fully belong to either and this is particularly evident in his discussion of liberty. Our point of departure is a view that in order to grasp peculiarity of Rousseaus’ understanding of liberty we need to go beyond the liberal tradition and its scheme of thinking about freedom as well as beyond the intuitive understanding of liberty. The second part of the article presents an analysis of the four different meanings of liberty that we find in Rousseau’s theory: natural, social, moral and civil. The most important for political philosophy is his discussion of the shift from the natural to social and civil liberty and the insistence that true freedom cannot be totally separated from morality. Finally, we discuss some of the contemporary interpretations of Rousseau’s political thought which often emphasize one of the different meanings of liberty that we find in his writings.

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Undue Payment in the Polish Code of Obligations of 1933 as Compared with Other Regulations of That Time

Jan Halberda

Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 63 - 94

https://doi.org/10.4467/20844131KS.16.035.6973

The present paper discusses the concept of undue payment as found in the Polish Code of Obligations of 1933. The research is comparative in nature since it also explores the institution in question in other contemporary codes (Code Civil, ABGB, BGB and Obligationrecht), Roman law, and the Polish Civil Code of 1964 (1). The discussion is concerned with the framework of legal provisions on undue payment in the aforementioned sources (2). Furthermore, while applying a framework of the Roman condictiones the paper analyses the grounds of the action (3). It presents circumstances which allowed a payor to seek recovery of his payment (4–6) and those which precluded the claim (7). Then the paper gives an illustration of the scope of a payee’s liability (8). In his final remarks, the author attempts to assess undue payment as regulated in the Code of Obligations (9).

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The Legal Status of Poles under German Occupation (1939–1945). Some Remarks on the Need for Research

Stanisław Salmonowicz

Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 95 - 110

https://doi.org/10.4467/20844131KS.16.036.6974

The article describes the legal status of Poles residing within the territories occupied by Nazi Germany or areas incorporated into the Third Reich during the Second World War. The author points to the examples of the limitations placed on Poles in access to goods and services, including transport, healthcare, and cultural institutions. Furthermore, he reminds us of the orders and prohibitions derived from civil, administrative, and labour laws which were imposed on Poles. The author emphasises some significant differences between the Nazi occupation in Poland and in other European countries. As a result, he advocates the conduct of new research on the issue of the real situation of Poles in various occupied regions administered by the authorities of the Third Reich.

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The Scholar Discussion on the Concept of Economic Law in Soviet Union in the Years 1956–1958

Witold Małecki

Cracow Studies of Constitutional and Legal History, Special Issue, English Version 2017, Special Issues, pp. 111 - 127

https://doi.org/10.4467/20844131KS.16.037.6975

Formulating the concept of economic law as one of the branches of law became possible as a result of a resumption of scholar discussion on the system of Soviet law after the 20th Congress of the Communist Party of the Soviet Union in February 1956. Argumentation in favor of the separation of economic law within the system of law, which was presented by V.S. Tadevosyan, V.P. Efimochkin and I.V. Pavlov, concerned mainly the areas of theory of law and functional aspects of research on economic law. In the field of theory of law the argumentation focused on objective separateness of social relations constituting the matter of economic law. Functional reasons corresponded to the need for deepening scholar reflection on the provisions regarding state economy, due to its dynamic growth and modifications. The concept of economic law as a separate branch of law was, however, met with criticism concerning the theoretical inadequacy of separating the matter of economic law and contradiction with the views of V.I. Lenin.

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wykaz skrótów UNKOWN

Słowa kluczowe: secular and ecclesiastical power, Church and the Roman Empire, papal primacy in the Antiquity, caesaropapism, Adam Smith, egoism, empathy, moral imagination, justice, J.-J. Rousseau, liberty, republicanism, neorepublicanism, private law, civil law, law of obligations, unjust enrichment, law of restitution, undue payment, interwar period law, the Second Polish Republic, Code of Obligations, occupation of Poland by Nazi Germany, German occupational laws, legal status of Poles under German occupation and in the Third Reich, economic law, Soviet law, branch of law, Soviet jurisprudence. 

Special Issue, English Version 2017

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