Volume 17, Issue 3

Volume 17 (2024)

Publication date: 12.2024

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 – 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 (agreement no. RCN/SP/0307/2021/1).

Cover design: Paweł Bigos

Licence: CC BY 4.0

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

Editors of the Issue 3 Dr hab., Prof. UJ Maciej Mikuła, Dr Anna Ceglarska, Dr Kacper Górski, Dr Jakub Pokoj

Issue content

Articles

The Constitutional Principles of the Kingdom of Sicily under Frederick II Hohenstaufen

Marcin Mruk

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 271-288

https://doi.org/10.4467/20844131KS.24.021.21005

This study formulates a list of constitutional principles of the Kingdom of Sicily under Frederick II Hohenstaufen based on the provisions of the Constitutiones Regni Siciliae from 1231. The aim is to systematize the main assumptions of the emperor’s legislation, which sought to create a specific constitutional system, sometimes referred to as a medieval absolutist monarchy. The reason for choosing the Liber Augustalis for the basis of this analysis was its adoption at the peak of Frederick II’s rule. It is therefore safe to assume that it best reflects the main tenets of the emperor’s political and legal doctrine. The research methodology included an analysis of the legal text and a comparison of the results with the findings of historians regarding Frederick II’s actions in other areas. The resulting catalogue consists of four basic principles: (1) the sacralization of power; (2) the sovereignty of the monarch’s power; (3) the rule of law; and (4) the concentration of power. The article provides a new perspective on the Constitutiones Regni Siciliae not only as a legal text, but also a historical source and political manifesto.

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Evolving Roles and Legal Dynamics: Status of Women in the Medieval and Modern Era in the Territory of Slovakia

Ingrid Lanczová , Nicole Makóová

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 289-300

https://doi.org/10.4467/20844131KS.24.022.21006

The article delves into the intricate dynamics of the status of women in history. It provides a brief insight into the evolution of law concerning the status of women in the territory of Slovakia and some examples of the legal practice witnessed in various legal and non-legal sources. Analyzing the antiquated laws and cultural perspectives, the authors explore the nuances that shaped women’s lives. It points out the paradoxes of the Enlightenment era, which, while advocating for sensible reasoning and progress, simultaneously witnessed scientific justifications for female subjugation. Nevertheless, it was the starting point for a complete change in women’s lives from both the legal and social perspective. This change might even be ongoing, manifesting itself in various issues nowadays, such as getting married and having children at a higher age or not at all.

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The First Roots of the Economic Criminal Law in Hungary: Overpricing Misdemeanors

Benedek Varga

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 301-310

https://doi.org/10.4467/20844131KS.24.023.21007

During the First World War, a criminalization process started in Hungary and economic crimes began to be regulated. Due to the financial crisis and the economic recession, the function of criminal law changed because it had to protect the national economy and its main institutions, which led to the adoption of Act IX of 1916 on overpricing misdemeanors. After analyzing the relevant legal literature and the parliamentary debates from the Hungarian Parliamentary Collection, I draw the conclusion that the act was intended to stop the increase of the prices of convenience goods and illegal chain trade. After a dogmatic analysis, I examined the decisions of the Royal Regional Court of Budapest in the Budapest City Archives and reached the conclusion that the courts used a teleological interpretation regarding the definitional elements unknown in the criminal law before 1916.

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The Authority and Liability of the Bankruptcy Trustee Based on the Second Hungarian Bankruptcy Act of 1881

Máté Pétervári

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 311-325

https://doi.org/10.4467/20844131KS.24.024.21008

After the Austro-Hungarian Compromise, the Hungarian economy developed quickly, and the Hungarian political elite sought ways to help it grow with a new, up-to-date regulation. To that end, the National Assembly adopted a new commercial code in 1875, a new promissory note act in 1876 and a new bankruptcy act in 1881. In this paper, I examine the liability of bankruptcy trustees on the basis of leading cases of the Hungarian Supreme Court whose decisions determined the Hungarian legal practice. It is an interesting part of Act XVII of 1881 because it has a close connection to the general private law. Since bankruptcy trustees were responsible for determining the amount of bankruptcy assets, the issue of creditor control of the trustee’s activity was important. In addition, the provision of the Hungarian bankruptcy act concerning the bankruptcy trustee’s liability was the same as the German Bankruptcy Act of 1877, thus creating a good opportunity to compare the German and Hungarian viewpoints in this question.

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The Godsons of Ignacy Mościcki, President of the Second Republic of Poland

Zdzisław Zarzycki

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 327-344

https://doi.org/10.4467/20844131KS.24.025.21009

Professor Ignacy Mościcki (1867–1946), as President of Poland, publicly announced the first program in independent Poland to support the pro-family policy of the state. It was, however, only in a private statement that the president declared that he will be the godfather of every seventh son in families that were indigenously Polish, Catholic and until then had no criminal record. The president’s profamily program was successfully implemented over the period of 13 years preceding the outbreak of the Second World War (1926–1939). President Mościcki’s godsons were presented with a savings book from the state Postal Savings Bank with a deposit of 50 zlotys. The outbreak of the Second World War put an end to this program, and then the socialist authorities in the Polish People’s Republic discredited it. The godsons and their heirs postponed any claims arising from this program until the 1990s. They primarily demanded the refund of duly revalued savings deposits from the state. They sent letters to successive presidents of the Republic of Poland, speakers of both houses of Parliament (the Sejm and the Senate) and others, but to no avail. In 2005–2006, they also tried to recover their money in court, but their claims were dismissed. It seems that, in the current state of the law, the possible claims of Mościcki’s godsons can be considered in the category of a “debt of honour” incurred by the pre-war president of the Republic of Poland.

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The Judiciary in the Protectorate of Bohemia and Moravia (1939–1945)

Jaromír Tauchen

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 345-364

https://doi.org/10.4467/20844131KS.24.026.21010

This paper discusses the justice system in the Protectorate of Bohemia and Moravia (1939–1945), a double-track system with two types of courts: autonomous (Czech) and Reich (German). Their jurisdiction was mostly determined by nationality. The Czech line of the judiciary faced a number of interventions by the occupying power (consisting, for example, in successful personnel purges), yet functioned without significant changes until the end of the Second World War. A system of German courts was established in the Protectorate, which in some cases also had jurisdiction over the Czech population.

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Public Discussion on the Draft of the Polish Criminal Code of 1963 as Reported by The New York Times Correspondent, Paul Staats Underwood

Tomasz Szczygieł

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 365-374

https://doi.org/10.4467/20844131KS.24.027.21011

The article concerns the report by The New York Times correspondent, Paul Staats Underwood, concerning the Polish draft Criminal Code of 1963. It discusses the main issues, which Underwood concludes lead to a negative overall view of the draft code. One of the issues addressed is the public opinion about increasing penalization of social and economic life in the Polish People’s Republic. The study also discusses the reaction of ministerial authorities to the publication of the text by Underwood in The New York Times. In addition, the analysis covers the reasons for such a one-sided negative assessment of the draft and the question of whether the journalist was motivated by a desire to cause the rejection of another draft of the Criminal Code of the Polish People’s Republic.

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Reviews and review notes

Auer, Marietta; Duve, Thomas; Vogenauer, Stefan, eds., Michael Stolleis – zum Gedenken. Frankfurt am Main: Vittorio Klostermann, 2023 (Studien zur europäischen Rechtsgeschichte Veröffentlichungen des Max-Planck-Instituts für Rechtsgeschichte und Rechtstheorie, vol. 342) (90 pp., ISBN 978-3-465-04625-7)

Paweł Lesiński

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 375-376

https://doi.org/10.4467/20844131KS.24.028.21012

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Kresin, Oleksiy, V. Comparative Law in Warsaw 1800–1835. Clark, New Jersey: Talbot Publishing, 2021 (258 pp., ISBN 978-161619658)

Piotr Z. Pomianowski

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 377-379

https://doi.org/10.4467/20844131KS.24.029.21013

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Longchamps de Bérier, Franciszek; Domingo, Rafael, eds. Law and Christianity in Poland: The Legacy of the Great Jurists. New York: Routledge, 2023 (352 pp., ISBN 9781003181255, DOI: 10.4324/9781003181255)

Agata Czarnecka

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 381-386

https://doi.org/10.4467/20844131KS.24.030.21014

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Vassileva, Radosveta. Bulgarian Private Law at Crossroads. Cambridge–Antwerp–Chicago: Intersentia, 2022 (213 pp., ISBN 9781839702969)

Jan Rudnicki

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 387-391

https://doi.org/10.4467/20844131KS.24.031.21015

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Chronicle of scholarly events

Chronicle of Scholarly Events in Legal History Held in the Slovak Republic and the Czech Republic in 2023

Ingrid Lanczová , Adriana Pollák

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 393-397

https://doi.org/10.4467/20844131KS.24.032.21016

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Events, Books and Papers in Hungarian Legal History in 2023 – a Historiographic Overview

Balázs Rigó

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 399-408

https://doi.org/10.4467/20844131KS.24.033.21017

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A Brief Review of Scholarly Events in the Field of Legal History in Ukraine in 2023

Roman Shandra

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 409-411

https://doi.org/10.4467/20844131KS.24.034.21018

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Legal History Research in Belgium (2023)

Jens Van Paemel

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Volume 17 (2024), pp. 413-417

https://doi.org/10.4467/20844131KS.24.035.21019

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Files to download

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

Słowa kluczowe: Liber Augustalis, Constitutiones Regni Siciliae, Frederick II Hohenstaufen, constitutional principles, medieval law, women’s status, women’s rights, gender equality, patriarchal system, emancipation, overpricing misdemeanors, economic criminal law, Great War, bankruptcy law, Hungary, liability, first half of the 20th century, modernization of the economy, Mościcki’s godsons, Ignacy Mościcki, Second Polish Republic, Catholic baptism, godson, godfather, Protectorate of Bohemia and Moravia, Czech lands, judiciary, German justice system, Nazi law, criminal law, People’s Republic of Poland, draft Criminal Code of 1963, criminal law, New York Times, Paul Staats Underwood, Michael Stolleis, history of law, commemoration, in memoriam, Poland, Polish lawyers, Warsaw, 19th century jurisprudence, Poland, Polish jurists, Christianity, private law, Bulgaria, comparative law, legal history, law of obligations, law of property, scholarly events, Slovakia, Czechia, legal history, conferences, academic degrees, monographs, scholarly events, Hungary, legal and constitutional history, academic degrees, conferences, historiography, Ukraine, government, legal history, war, legal scholars, state formation, Belgium, legal history, conferences, books, Ph.D. defenses

Funding information

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).