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Cracow Studies of Constitutional and Legal History

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Volume 17, Issue 4

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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).

Licence: CC BY licence icon

Editorial team

Editors of the Issue 4 Maciej Mikuła, Anna Tarnowska, Kacper Górski

Thematic Editor Orcid Dorota Malec

Editor-in-Chief Krystyna Chojnicka

Deputy Editor-in-Chief Maciej Mikuła

Secretary Kacper Górski

Editors Krzysztof Fokt, Michał Gałędek, Jan Halberda, Karol Siemaszko, Anna Tarnowska, Anna Ceglarska, Jakub Pokoj, Damian Szczepaniak

Issue content

Articles

Maciej Jońca

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.036.21020
The content of most Polish textbooks on Roman law is based on schemes that date back to the 19th century. In the 20th century, Polish jurisprudence was greatly influenced by the doctrine of the German historical school. The manifestation of this remains both the systematics of modern textbooks and their content. However, times have changed. We are witnessing universal processes such as globalization, decolonization, digitization, decodification, etc. Presenting ancient material to students without a modern commentary makes no sense. A Roman law lecture should contribute to building an intercultural dialogue, not unreflectively duplicate content that is tedious at best and annoying at worst. If Roman law is to maintain its status as the most important propaedeutic subject that Polish students learn in the first year of law, it must begin to relate to current realities. Our own cultural identity should be taken into account, and the solutions created by the Romans must be shown to a greater extent in comparative terms.
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Tomasz Kucharski

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.037.21021
Political, social, and economic changes and the progressing evolution of legal systems challenge legal historians to repeatedly read the role of their discipline in legal education. Frequently, the fruitful discussion is replaced by repeating general statements formulated to justify the thesis accepted in advance that preserving the legal history position in the legal study schedule is necessary. Existing justifications for teaching legal history to students of law faculties were created on various approaches, especially legal positivism and the idea of the contextual and interdisciplinary approach to legal studies. Current legal history is divided between supporters of two concepts – antiquarianism and presentism. The dynamic development of other contextual subjects is not without an influence on legal history position, especially legal sociology. The problem is enlarged by the financial and personal situation of legal history institutes on Polish legal faculties. All the above-mentioned dilemmas force legal historians to discuss a shared vision, if, to what extent, with what assumptions, and how (in what ways and methods) to teach legal history to law students. First, the author tries to analyze the situation of legal history in the present curriculum of Polish legal studies. He tries to argue that legal students in their first year of education cannot learn contextual legal history. Those grand ambitions need to be abandoned; we need to focus on being a propaedeutic subject, supplementing introduction to legal studies. The author also attempts to present the perspectives and possibilities of teaching legal history if even good curriculum reform in legal faculties is enforced.
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Iwona Barwicka-Tylek

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.038.21022
The article’s primary focus is an inquiry into the scientific and didactic potential of the history of political and legal doctrines. The text is divided into two sections. The initial and more extensive section draws upon contemporary interest in the practical philosophy of Aristotle, as it analyses his concept of practical wisdom (phronesis). It is argued that the specificity of this kind of knowledge (its time-sensitivity and the stress put upon human action) makes it possible to include history as an important aspect of the education of lawyers. The second part of the article presents a detailed account of the didactic practices employed in the teaching of the subject “History of Political and Legal Doctrines” at the Faculty of Law and Administration of the Jagiellonian University.
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Piotr Michalik

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.039.21023
In this article, the author presents in the form of a case study the causes, course, and effects of developing his didactic workshop of exercises in the general legal history in the context of the contemporary achievements of academic didactics. The main axis of the evolution of the author’s workshop, which took place in the era of the IT revolution and the COVID-19 pandemic, was the gradual transition from the use of methods appropriate for the teacher-centered learning (TCL), to methods aimed at student-centered learning (SCL). The aim of the article is to contribute to the revival of the exchange of views and experiences by the academic teaching the history of law and other legal subjects, also in order to stimulate mutual evaluation of classes in the form of kind, but also critical peer feedback.
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Materials

Anna Tarnowska, Tomasz Kucharski

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.040.21024
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Anna Tarnowska, Dorota Wiśniewska, Jan Halberda, Michał Gałędek, Iwona Barwicka-Tylek, Maciej Mikuła, Beata J. Kowalczyk, Izabela Leraczyk, Magdalena Wilczek-Karczewska, Łukasz Jan Korporowicz

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.041.21025
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Reviews and review notes

Karol Dąbrowski

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.042.21026
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Chronicle of scholarly events

Piotr Alexandrowicz, Paweł Kaźmierski, Przemysław Pałka, Izabela Wasik

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.043.21027
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Damian Szczepaniak

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.044.21028
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Research projects reports

Krzysztof Fokt, Kacper Górski, Paulina Kamińska, Łukasz Marzec, Maciej Mikuła

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 4, Early Access

https://doi.org/10.4467/20844131KS.24.045.21029
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Funding information

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).