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Volume 11, Issue 3

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Volume 11 (2018) Next

Publication date: 31.10.2018

Description
Volume Editors: dr Iwona Barwicka_Tylek, dr Agnieszka Czarnecka, prof. dr hab. Dorota Malec, prof. dr hab. Wacław Uruszczak

Licence: CC BY-NC-ND licence icon

Editorial team

Issue editor dr Iwona Barwicka-Tylek, dr Agnieszka Czarnecka, prof. dr hab. Dorota Malec, prof. dr hab. Wacław Uruszczak

Issue content

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.18.021.9047
The article reconstructs Claude-Henri de Saint-Simon’s views on nations and discusses the place of the concept of nation in his political projects. Saint-Simon rejected the view that the nation is the most important form of human organisation and everyone is obliged to protect the uniqueness of the community to which he or she belongs. He argued that the state, and not biological factors, plays a crucial role in the creation of nations. Political institutions are required to consolidate any community. According to him, all citizens who are engaged in productive work create national identity. Saint-Simon envisaged unification of Europe on the basis of an  “industrial society”, which would contribute to the emergence of “new Europeans”.
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Iwona 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.18.022.9048
The article discusses the concept of practical wisdom (phronesis), which for Aristotle plays the crucial role in political activity. Unlike philosophical wisdom (sophia), phronesis requires knowledge of particulars, which are things capable of ‘being otherwise’. Such knowledge cannot be attained once and for all as universal truth, but must be constantly revised and updated to meet the requirements of future-oriented political actions. Thus it seems to be similar to Aristotle’s understanding of an opinion, which is for him the outcome of dialectical reasoning, distinguished from scientific reasoning relying on demonstration. Dialectics can be viewed as a key to politics, and the fact should not be overshadowed by criticism towards those thinkers and politicians who, like Lenin, used it with no respect for the difference between truth and opinion. Comparing Lenin to Pericles, who is directly called phronimos (practically wise) in Nicomachean Ethics, leads to the conclusion that critical examination of different political standpoints should not be limited to ideas, concepts, or proposals they put forward, but should also consider the deeper level of political reasoning standing behind them. It is argued that the lack of proper usage of the dialectical faculty can inflict serious damages both in political theory and political practice.
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Anna Ceglarska

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 343 - 355

https://doi.org/10.4467/20844131KS.18.023.9049
This paper aims to suggest a new approach towards the analysis of myths, especially those of ancient Greece, and the role they play in the field of legal and political sciences. Even though the “political myth” is nowadays a recognized category, the “typical”, “old-fashioned” myths, that is, the stories of origins, creation, gods, and heroes, are still easily dismissed. Those stories however played an essential part in the formation of our culture and are not devoid of political themes. At their beginnings, when myths were being formed and retold, they were mingled with reality and perceived as “historical”. As part of tradition and history, they were the carriers of values and concepts, many of which could be deemed “political”, and they helped to create a sense of community. Therefore, this article proposes analysing the myth and the literary works retelling it, along with pertinent ancient history, in a “Greek” fashion, that is, without stressing the differences and classifications, but with reading between the lines, to see how deeply political thought can be rooted in peoples’ minds.
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Agnieszka Czarnecka

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 357 - 370

https://doi.org/10.4467/20844131KS.18.024.9050
The objective of this paper is to examine two issues related both to Michel Foucault’s philosophy of power and to Sidney Lumet’s movie, Network; here interpreted through Foucauldian categories. The first problem concerns answering the question about the integrity of Foucault’s oeuvre on power. The second one refers to the tension between two individualizing strategies: first, individualization by power, and second, the autonomous creation of self-identity by the use of the technologies of the self, present within the context of the philosopher’s debate over power. We use Network as a framework for developing our argumentative line in both discussions. “From Foucault to Network” is not the only interpretative direction adopted in this paper. What we would like to achieve is to make of the article itself a kind of network where the conclusions we arrive at after having watched the film help us to better understand the philosopher’s theory; thus, the direction “from Network to Foucault” is justified as well.
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Rafał Kania

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 371 - 391

https://doi.org/10.4467/20844131KS.18.025.9051
The history of political and legal thought is a discipline of a clearly defined position. Its further development needs a continuous improvement in methodology and research tools. The use of methods designed by other scientific disciplines creates new perspectives here. The subject of the article is the attempt to use the elements of praxeological analysis to build a research tool useful for the interpretation of political and legal thought.
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Marcin Niemczyk

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 393 - 411

https://doi.org/10.4467/20844131KS.18.026.9052
Polemology, as a science of studying war, is in the interest of representatives of most fields and academic disciplines. In a special way, this kind of reflection should be sought at the very source of Europe’s culture, that is, in the political and legal thought of Ancient Greece. In turn, part of this research should be the study of rhetorical speeches of the classical period, whose goal was to create incentives to war, or which, on the contrary, advised making peace.
Given the above, the aim of this article is to attempt to look at the war rhetoric as an issue at the crossroads between different disciplines. The incentive for such an approach is given by the so-called counselling speeches about war and peace by such speakers as, for example, Lisias, Aeschines, Isocrates, Cleon, Diodotus, Andocides, and Demosthenes. It is also worth noting that funeral speeches by such eminent personages as Gorgias, Lisias, Plato, Demosthenes, Pericles, and Hyperides also constituted part of the war rhetoric of Ancient Greece. These speeches are not only a manifestation of rhetorical art, but as they refer to such ideas as freedom, democracy, Panhellenism, or just war, they become a valuable source material for scholars dealing with rhetoric, as well as for historians of political and legal doctrines.
Given the above, the author’s intention is to show manifestations of polemological thought in the rhetorical speeches of the classical period (mainly in the political exciters) and to verify the hypothesis about the existence of common research areas for students of rhetoric and political and legal doctrines. In the professional literature there are clear deficiencies in such an approach. This article is therefore also trying to encourage an increased interest in research on war and the rhetoric of war, in particular through the prism of the history of political and legal doctrines.
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Chronicle of scholarly events

Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 413 - 419

https://doi.org/10.4467/20844131KS.18.027.9053
In the year 2017, in the Chairs of the Faculty of Law and Administration of the Jagiellonian University which are concerned with legal and constitutional history, apart from the normal didactic and scholarly activities of the staff, several research projects were being continued and several books were published. The staff and postgraduate students of the Chairs were also engaged in cooperation with other academic centers in the fields of leg-
al-historical research and its popularization, including international conferences. There was also one anniversary event in honor of a meritorious professor at the end of the year.
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Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 3, Volume 11 (2018), pp. 421 - 424

https://doi.org/10.4467/20844131KS.18.028.9054
The proceedings of two panels of the Third Congress of International Researchers of Polish History (Kraków, 11th–14th October, 2017), concerning important matters of constitutional history of the Kingdom of Poland and the Grand Duchy of Lithuania, as well as of the Polish-Lithuanian Commonwealth are presented briefly in the report. Both panels were organized and chaired by the Cracow scholar, Professor Wacław Uruszczak, aided in this respect by his colleagues from Warsaw, Professors Jolanta Choińska-Mika and Andrzej B. Zakrzewski. During the proceedings, sixteen scholars representing nine countries and two major disciplines (history and law) presented their papers, while many others took part in the discussion.
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