Volume 17 Issue 2

Volume 17 (2024)

Publication date: 01.10.2024

Description

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.

Licence: CC BY

Editorial team

Editors of the Issue 2 Maciej Mikuła, Kacper Górski

Editor-in-Chief Krystyna Chojnicka

Deputy Editor-in-Chief Maciej Mikuła

Secretary Kacper Górski

Issue content

Articles

Od darowizny i sprzedaży po zastaw i sprzedaż z prawem odkupu. Tytuły prawne dzierżenia wójtostw w królewskich miastach w Małopolsce (połowa XIV–połowa XVI w.)

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.24.012.20285

The purpose of this article is to trace the evolution of the legal titles under which aldermanships were possessed in royal towns in the period from the mid-14th to the mid-16th centuries. As the analysis of royal documents shows, interest in increasing control over the turnover of aldermanships can be noted as early as the reign of the first two Jagiellonian kings. This is confirmed by the increased frequency of the clause of obligatory royal consent in alienation. However, control of turnover was only the first step in a deeper evolution to move away from divided ownership to pledge and sale with a right of repurchase. These latter legal titles provided the monarch with greater freedom in the trading of aldermanships, thereby enabling him to use aldermanic property to reward merit and for broader personal political purposes.

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Słownictwo politycznych tożsamości w aktach sejmików koronnych z lat 1572–1691

Szymon Rutkowski

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 147 - 178

https://doi.org/10.4467/20844131KS.24.013.20286

The article focuses on vocabulary related to political identity of the Polish Crown’s nobility in sejmik acts. These sources often mention identities related to particular territories, the larger whole (the Commonwealth, ojczyzna – “fatherland”, korona – “the Crown”) and one’s legal estate, while religious and ethnic identities are fairly rarely referenced. The linguistic changes are presented through consecutive 40-year divisions of the time frame under study. In the period until 1611 the word korona, as well as terms related to abstract political ideals, appear more often compared to subsequent decades. With time, references to local identities increasingly dominate mentions of the larger ones. The period 1612–1651 is a time of increased attention to the ojczyzna and signs of civic mobilization. The period after 1651 confirms the domination of the word rzeczpospolita over ojczyzna and korona, as well as a focus on bureaucratic functions and military survival of the polity. Word collocations serve as evidence to criticize anachronistic understanding of terms related to country identity in modern times (kraj, państwo, naród – “nation”, which contrary to popular depictions of the period signifies person’s descent more than any sovereign whole). The study shows the array of identity-related terms of the Commonwealth as a system of interrelated concepts, coalescing around the vision of political gathering of palatinates (at the sejm) and the citizens-brethren.

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De Verny indygenat szlachectwa polskiego

Eryk Zywert

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 179 - 200

https://doi.org/10.4467/20844131KS.24.014.20287

The reign of Stanisław II August (1764–1795) was a period of generous distribution of titles of nobility in the Polish-Lithuanian Commonwealth. Bringing in and promoting foreign elites was seen as a chance to lift the Polish-Lithuanian elective monarchy out of the crisis that had been deepening since the socalled Saxon times (1697–1763). This policy was served by the granting of indygenat, which gave the status of Polish nobility to foreign nobles. This status was given to members of de Verny family from Lorraine, who, being loyal to their new homeland, made efforts to preserve its existence.

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Jak daleko może sięgać prawo? Na przykładzie funkcjonowania aptek publicznych w monarchii habsburskiej na przełomie XIX i XX w.

Izabela Wasik

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 201 - 215

https://doi.org/10.4467/20844131KS.24.015.20288

The article is concerned with the legal aspects of pharmacies in the Habsburg monarchy at the turn of the 20th century. The framework issues were regulated by law. These included such important issues as the opening of pharmacies, defining at the same time the requirements for their operation and the procedure for granting a licence, as well as the fees to be paid by concessionaires and specifying the circumstances for losing a licence. Furthermore, the possibility of opening branches was introduced. In turn, issues related to ‘everyday practice’, such as the possibility of opening on Sundays, were regulated through regulations. The duties of pharmacists were defined in detail, as well as the appearance and equipment of the establishments themselves. The specific rooms of which a pharmacy was to be composed were indicated, along with a description of their purpose and prohibited activities, and a list of the equipment or instruments with which they should be equipped. In practice, however, attempts were made to prevent any emerging abuses through official inspections carried out by doctors or reports sent to the authorities.

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Porady prawne udzielane na łamach Nowego Kuriera Warszawskiego w latach 1940–1944

Hubert Mielnik

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 217 - 247

https://doi.org/10.4467/20844131KS.24.016.20289

The article presents a study dedicated to the analysis of legal advice given in Nowy Kurier Warszawski, a Polish-language German newspaper published in the General Government during World War II. The publication is primarily based on an analysis of press sources, employing a quantitative research methodology. It aims to answer the following research questions: How much advice was given each year? What was the average distribution per issue? Which legal fields were covered by the legal advice, and in which fields was the most advice given? What was the distribution between legal advice regarding pre-war law and German legislation? What were the main types of cases (problems) within each category of the provided legal advice? To what extent, if at all, was legal advice instrumental in imposing the German perspective (interpretation of the law)? Through the analysis of the legal advice provided to readers, the author intends to present a partial picture of everyday life in the General Government. The thesis of the article posits that the legal advice published in Nowy Kurier Warszawski primarily had an informational character for the residents of the General Government, often concerning issues that extended far beyond the legal sphere. They were not a tool of propaganda for the German authorities’ legal system.

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Reviews and review notes

Biliński, Piotr. Adam Vetulani (1901–1976). Historyk prawa polskiego i kanonicznego. Kraków: Wydawnictwo Uniwersytetu Jagiellońskiego, 2023 (ss. 414, ISBN 978-83-233-5265-5)

Maciej Mikuła

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 249 - 251

https://doi.org/10.4467/20844131KS.24.017.20290

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Reply to the review article

Sine ira et studio – do artykułu Piotra Alexandrowicza

Krzysztof Burczak

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 253 - 264

https://doi.org/10.4467/20844131KS.24.018.20291

The academic journal Cracow Studies of Constitutional and Legal History has recently published a review article by Piotr Alexandrowicz entitled “The Emperor’s New Clothes – Remarks on Krzysztof Burczak’s Book.” The paper presents a biased evaluation of many aspects of the monograph. As the author states himself, he is not familiar with all the issues included in the monograph, and yet still he decided to review the book. Many of his opinions should be considered incorrect, although some of them seem accurate, and the fragments whose purpose is to make suggestions concerning the author’s knowledge of the subject should be left without comment.

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Chronicle of scholarly events

Promocja książki Piotra Bilińskiego Adam Vetulani (1901–1976). Historyk prawa polskiego i kanonicznego (Kraków, Collegium Maius, 7 grudnia 2023 r.)

Damian Szczepaniak

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 265 - 268

https://doi.org/10.4467/20844131KS.24.019.20292

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Ogólnopolska Konferencja Naukowa „Wiosenne Spotkania Historyków Prawa” na temat „Kształtowanie instytucji prawa” (Łódź, 11 kwietnia 2024 r.)

Marcin Głuszak

Cracow Studies of Constitutional and Legal History, Volume 17 Issue 2, Volume 17 (2024), pp. 269 - 270

https://doi.org/10.4467/20844131KS.24.020.20293

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Files to download

Title and editorial pages PDF Table of contents PDF List of abbreviations PDF

Słowa kluczowe: alderman, king, Middle Ages, 16th century, sale, sale with right of repurchase, donation, divided ownership, sejmiks, computational linguistics, Polish-Lithuanian Commonwealth, identity, vocabulary, palatinate, the Crown, collocations, de Verny, naturalized foreign-born Polish nobility, Polish-Lithuanian Commonwealth, French nobility, social elite, pharmacy, health care, Habsburg monarchy, Austrian Empire, Kingdom of Galicia and Lodomeria, reptile press, General Government, occupation, propaganda, everyday life, Adam Vetulani, history of Polish law, history of canon law, biography, review, compilatio, decretal, taxonomy, cooperation, Adam Vetulani, history of law, history of canon law, Jagiellonian University, University of Łódź, scientific conference, legal history

Funding information