Vol 6 Issue 1 Year 2013

2013

Publication date: 19.06.2013

Description

The editors’ of „Krakowskie Studia z Historii Państwa i Prawa” (Cracow Studies of Consittutional and Legal History) intention is to launch a new publishing series which would show the results and scope of research done on the constitutional and legal history.

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

Licence: None

Editorial team

Volume Editors Wacław Uruszczak, Dorota Malec, Maciej Mikuła

Issue content

Górnołużyccy villici w pierwszej połowie XIII wieku: włodarze, sołtysi czy wójtowie?

Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 1 - 29

https://doi.org/10.4467/20844131KS.13.001.1156

The text deals with the problem of the proper interpretation of the institution of villicus, mentioned in Upper Lusatia in the 1st half of the 13th century. The article discusses all the hitherto attempts to identify the actual nature of the Upper Lusatian villici and proposes some new interpretations. The close relations of those villici with chartered towns (namely: Zgorzelec/Görlitz and Ostritz) and the virtual lack of royal estates around them makes it possible to state that they were not, as most scholars have claimed, royal stewards taking care of estates administered directly by the Bohemian kings (in Upper Lusatia such goods probably barely existed at all). Therefore, the most probable interpretation of the villici seems to be the one presented in 1923 by J. Bauermann, who identifi ed them with the sculteti hereditarii of particular towns.

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Folk tradition as reflected in the Court decisions of the Hungarian Courts, 19th through 20th centuries. The study on legal ethnography

Janka Teodora Nagy

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 31 - 35

https://doi.org/10.4467/20844131KS.13.002.1157

Among the numerous interesting and remarkable topics of applied law related to the period between the two World Wars, this study focuses on a very special aspect of judicial practice of that time. It attempts to trace archaic standards, legal folk traditions, as refl ected by court decisions or brought up by the parties during the litigation process. Based on this approach, studies and case-studies published in a Hungarian ethnographical journal, Ethnographia, were re-evaluated in order to exploit a rich historical source and extract interesting legal historical information that had not been directly expressed before.

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The Austrian matrimonial property law as applied in the practice of Cracow notary public offices (1918–1939)

Marek Stus

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 37 - 44

https://doi.org/10.4467/20844131KS.13.003.1158

The article presents the process of applying the Austrian matrimonial property law in Poland based on the example of the interwar notary practice in Krakow. The subject of the analysis are the marital property agreements, which, in accordance with the legal provisions of the time, were mandatory and took the form of a notary deed. Based on the content of those contracts, an attempt was made to answer the question of whether and to what extent the marital property law included in ABGB affected the shape of the matrimonial property relations of the spouses. The analysis focused in particular on the legal functioning of such notions as dowry, hope chest, bride price, dower or contract of inheritance.

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Règles du droit pénal polonais dans la période de l’entre-deux-guerres

Marian Małecki

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 45 - 50

https://doi.org/10.4467/20844131KS.13.004.1159

After the rebirth of the Polish state in 1918 there were several post-partition criminal acts in force. Established in 1919, the Codifi cation Commission was to develop a uniform civil and criminal law. One of the tasks accomplished by the Commission was the substantive criminal law. The modern Code of 1932, developed among others by Julian Makarewicz, was one of the outstanding projects prepared by leading criminal law scholars of the interwar period. It comprehensively introduced the principle of nullum crimen sine lege. It included innovative solutions, including elements of the sociological school of criminal law, as well as a concisely regulated individual responsibility of the instigator and accomplice.

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The parties on the political scene of Poland of the interwar period, 1918–1939

Jacek K. Sokołowski

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 51 - 62

https://doi.org/10.4467/20844131KS.13.005.1160

The article contains a brief overview of the main political parties of the Second Republic of Poland. It outlines the genesis of the most important groups operating in each of the partitions, showing the impact of the political activity of Poles in the occupant countries on the shape of Polish political scene in later years. A particular emphasis is placed on presenting the groups active during the “sovereignty of the Parliament,” i.e. in the years 1919–1926. The Polish Socialist Party (PPS) and National Democracy (ND), portrayed as the main political antagonists, are discussed, as well as the peasants’ parties, acting as the political centre. In addition, the author presents the main political currents representing the Jewish and Ukrainian minorities, and describes the special place of the Polish Communist Party in the political system of that time.

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Review articles

Uwagi nad książką Marka Krzymkowskiego Rada Stanu Księstwa Warszawskiego (Ars boni et aequi, Poznań 2011, 299 s.)

Dorota Malec

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 63 - 69

https://doi.org/10.4467/20844131KS.13.006.1161

The State Council of the Duchy of Warsaw has been the subject of numerous analyses by various authors, including W. Sobocinski, H. Izdebski, and W. Witkowski, whose publications became part of the achievement of Polish scholarship. Given the current state of research, the task of providing a comprehensive description of the institution and devoting a whole monograph to it was very difficult. Undoubtedly, the author of the book has managed to gather together and order the scattered information, which enables the reader to fully comprehend the nature and importance of the tasks set before the institution in question, but the book does not contain many new findings. It was based on a very thorough bibliographical research, and the author confirmed his position of an expert on the history and administration of the Duchy of Warsaw. It will certainly find many readers interested in the history of the Duchy of Warsaw, and the law and administration on the Polish lands in the nineteenth century. Also worth noting is the systematic presentation of the history of state councils in Napoleonic Europe which points out both similarities and differences in their organization, competences and functioning.

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A chronicle of research in legal and constitutional history at the Faculty of Law and Administration of the Jagiellonian University in 2012

Krzysztof Fokt

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 71 - 75

The year 2012 was rich in publications on legal and constitutional history published by the staff of particular Chairs of the Faculty of Law and Administration of the Jagiellonian University. A selection of them will be listed below, along with some other achievements and scholarly events in which the scholars of the Faculty were engaged.

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Sprawozdania

IX Ogólnopolskie Sympozjum Prawa Wyznaniowego „Kościoły i inne związki wyznaniowe w służbie dobru wspólnemu”, Uniwersytet Jagielloński, Kraków 17–20 maja 2012 roku

Katarzyna Krzysztofek

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 77 - 82

The host of the 9th National Symposium on Church-State Law combined with the Congress of Chairs and Lecturers on Church-State Law was the Department of Ecclesiastical Law and Law on Religious Denominations at the Faculty of Law and Administration of the Jagiellonian University in Krakow. The symposium was held in Krakow from 17th to 20th May 2012, and its theme was: “Churches and other religious organizations in the service of the common good.” The deliberations of the Symposium brought together over 50 participants from 15 academic centres in Poland and two professors from the University of Toulouse. Out of this group, over 30 participants presented their speeches. The opening session of the symposium took place on Friday, 18th May, 2012, in Aula Jagiellońska of the Collegium Maius of the Jagiellonian University. The opening speaker was prof. dr hab. Wacław Uruszczak, Head of the Department of Ecclesiastical Law and Law on Religious Denominations at the Jagiellonian University in Krakow, the host of the symposium, who in his speech referred to Article 25 Paragraph 3 of the Polish Constitution of 1997, which provides for the principle of cooperation between the State and the Church for the sake of common good. Next, prof. dr hab. Dorota Malec, Vice Dean for Administrational Studies at the Faculty of Law and Administration of the Jagiellonian University, greeted the participants. The opening ceremony was concluded by President of the Polish Association of Church-State Law, prof. ChAT dr. hab. Tadeusz J. Zieliński. The first introductory session of the Symposium also took place in Aula Jagiellońska, while all the following sessions were held at the “Chopin” Hotel in Krakow, divided into sections concerning the following themes: “Churches and other religious organizations in the service of the family,” “Churches and other religious organizations in the service of the common good in the historical and international context – part I and II,” and “Churches and other religious organizations in the service of society, culture and education.” The concluding session of the Symposium took place in the afternoon on 19th May, 2012. It consisted of a single presentation by mec. Karol Tatar, a solicitor from Krakow and the Vice President of the Ars Legis Association of St. Ivo Helory, the Patron of Lawyers. At the same time, prof. dr hab. Wacław Uruszczak invited the participants to join the celebrations of the 9th Lawyers’ Day organized by the Ars Legis Association. After prof. Tatar’s presentation the host of the Symposium, prof. dr hab. Wacław Uruszczak thanked all the speakers and the audience for their participation in the Symposium. At the end, ks. prof. KUL dr hab. Piotr Stanisz made a speech in which he summarized the Symposium and discussed by the participants.

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Jubileusze

Jubileusz Profesora Jerzego Malca

Paweł Cichoń

Cracow Studies of Constitutional and Legal History, Volume 6, Issue 1, 2013, pp. 83 - 84

On 5th December 2012, Andrzej Frycz Modrzewski Krakow University witnessed the 40-year anniversary of scholarly work of prof. dr hab. Jerzy Malec, an outstanding Cracovian legal historian, Rector of the A.F.M. Krakow University, and a long-standing associate of the Faculty of Law and Administration at the Jagiellonian University. The laudation was held by prof. dr hab. Wojciech Witkowski from Maria Curie-Skłodowska University in Lublin. Prof. dr hab. Jerzy Malec was given an anniversary book entitled Regnare – Gubernare – Administrare (edited by Stanisław Grodziski and Andrzej Dziadzio from the Jagiellonian University).

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Files to download

List of abbreviations PDF Spis treści PDF

Słowa kluczowe: Upper Lusatia, Kingdom of Bohemia, local administrative structures, legal history, legal cultural history, customary law, legal folk custom, legal tradition, ethnography of law, folk law, legal anthropology, Ethnographia, forensic ethnography, beliefs, superstition, witchcraft, fraud, murder, Austrian law, matrimonial property law, marriage contracts, notary practice, penal law, penal code, history of penal law, Julian Makarewicz, capital punishment, codification of law, history of Poland, interwar period, political parties, Parliament, Socialists, People’s Party, National Party, Communists, national minorities, legal history, Duchy of Warsaw, Council of State, history of administration, constitutional history, review, Napoleonic era, legal history, constitutional history, Jagiellonian University, Chair of History of Polish Law, Chair of History of Administration and Administrative Ideas, Chair of General History of State and Law, Chair of History of Political and Legal Doctrines, Chair of Roman Law, Source Editions Lab, church-state law, constitutional law, churches and other religious organizations, Polish Association of Church-State Law, legal history, history of administration, Jerzy Malec, anniversary, anniversary book

Volume 6, Issue 1

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