Vol. 9 Issue 2 Year 2016

Volume 9 (2016)

Publication date: 19.09.2016

Description

Volume Editors: Dorota Malec, Wacław Uruszczak, Iwona Barwicka-Tylek, Agnieszka Czarnecka

Licence: None

Editorial team

Issue editor Dorota Malec, Wacław Uruszczak, Iwona Barwicka-Tylek, Agnieszka Czarnecka

Issue content

Polibiusz i Cyceron wobec kryzysu Republiki Rzymskiej

Anna Ceglarska

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 157 - 167

https://doi.org/10.4467/20844131KS.16.007.5327

The aim of this paper is to present two surprisingly differently ways in which two philosophers, living in the period of the Roman Republic, assessed the situation of the last years of its duration. The first is Polybius, who lived in the days of the Republic’s splendor, while the second is one of its last defenders, Cicero. Despite many similarities in their concepts of the cyclical nature of history and the best political system, their views on the crisis of the Republic differ significantly, not only when it comes to predicting its future fate, but also in terms of identifying the causes and seeking remedies. A comparative study of these two positions, supported by historical analysis is meant to present not only the differences between the two theories, but also their various purposes, since, besides describing the reality, they were also meant to develop the political consciousness of rulers and society, as well as support the efforts undertaken to achieve the best political system.

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Przedaugustyńska filozofia dziejów – wybrane koncepcje

Marcin Tomasiewicz

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 169 - 186

https://doi.org/10.4467/20844131KS.16.008.5328

For some time now, in many areas of intellectual activity, we can observe increased interest in history. This trend, a kind of signum temporis, seems to call into question the postmodern prophecy of the end of the philosophy of history. In fact, the modern philosophy of history has failed every expectation. However, was it the only historiosophical thought in the history of Western civilization? Augustine of Hippo is considered by many to be the father of the philosophy of history. He devised a canon of thinking about history and its meaning on which paradigm the historiosophical inquiry of later centuries was based. However, is it possible to speak of pre-Augustinian philosophies of history? That is, to find reflections aimed at resolving history according to its meaning and goal also from before Augustine? The term “philosophy of history” comes from Voltaire, and was used to determine the historiosophical concept of the Enlightenment. However, apart from the model of reasoning based on conditions and intellectual fashions of the era, it can be said that the term seems to exceed the original semantic scope and includes traditions of thought from beyond the Enlightenment, which nonetheless bore signs of historiosophy. This article attempts to examine three patristic concepts of the era, which were not inspired by Augustine’s thought. Salvian of Marseilles envisions history as a sequence of events, where the divine pedagogy toward humankind is realized. Eusebius of Caesarea grasps his historiosophical thought within imperial theology, designed to show the emperor as the subject through which the divine Logos rules history. The earliest of the described authors – Irenaeus of Lyon, weaves the course of history into the mystery of the Trinitarian economy, where history is the means by which the Trinity reveals itself.

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The Renaissance of Political Realism in Early Modern Europe: Giovanni Botero and the Discourse of “Reason of State”

Ferenc Hörcher

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 187 - 210

https://doi.org/10.4467/20844131KS.16.009.5329

The purpose of this paper is to reconstruct a type of early modern political realism that is perhaps less widely researched in the English language scholarly context than the main stream Machiavellian type. The Italian ex-Jesuit, Giovanni Botero’s book Della Ragion di Stato (1589) is a fascinating experiment to combine some of the basic insights into arcana imperii (secrets of the state/power) made famous by the Florentine, and a refashioned Catholic teaching, as it was presented by the Jesuits. The paper tries to show the author’s motivations and his main line of argumentation. The paper starts out with a historiographical overview of the state of the art in the field of the history of political realism, focusing on two representatives of the so-called Cambridge School, Richard Tuck and István Hont. This is followed by a short reconstruction of some of the key terms of Botero’s treatise, based on the assumption that the history of ideas has to concentrate on the discourse used in a given context by the particular political agent or theorist. Next, certain contexts of Botero’s thought are examined, including 16th century Tacitism, Lipsius, and the Jesuit tradition with its links to the Salamanca school. Finally, one of Botero’s key concepts, the virtue of prudence is analysed, showing the deep-seated connections between Botero’s political realism and the ancient Greek, Roman, and Catholic traditions of practical philosophy. A postscript links the early modern discourse with the birth of the study of international relations.

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Wolność w ujęciu Jana-Jakuba Rousseau: pomiędzy starożytnymi a nowożytnymi

Iwona Barwicka-Tylek, Dorota Pietrzyk-Reeves

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 211 - 232

https://doi.org/10.4467/20844131KS.16.010.5330

Rousseau’s philosophy can be situated as a continuum between the ancient and the modern traditions; we argue that it does not fully belong to either and this is particularly evident in his discussion of liberty. Our point of departure is a view that in order to grasp peculiarity of Rousseaus’ understanding of liberty we need to go beyond the liberal tradition and its scheme of thinking about freedom as well as beyond the intuitive understanding of liberty. The second part of the article presents an analysis of the four different meanings of liberty that we find in Rousseau’s theory: natural, social, moral and civil. The most important for political philosophy is his discussion of the shift from the natural to social and civil liberty and the insistence that true freedom cannot be totally separated from morality. Finally, we discuss some of the contemporary interpretations of Rousseau’s political thought which often emphasize one of the different meanings of liberty that we find in his writings.

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Poskramianie egoizmu: Adam Smith o empatii, wyobraźni i sprawiedliwości

Agnieszka Czarnecka

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 233 - 241

https://doi.org/10.4467/20844131KS.16.011.5331

I argue that the construction of the social order, as shown by Adam Smith in The Theory of Moral Sentiments, depends on people’s ability to tame their inborn egoism. According to the philosopher’s anthropological assumptions a human being learns through life experiences how to control his self-interest so that it does not threaten societal existence. During socialization, a human being – still an egoist to some extent – continues role-playing by the use of the psychological mechanisms of empathy and imagination. As a result he develops sympathy, at first, as a reaction to real people’s emotions experienced in a particular context. Finally, he naturally and more and more unconsciously takes under consideration the perspective of an impartial spectator. The gradually developing process brings about consequences that improve social morality, such as control over the expression of intense emotions, which is a condition for experiencing emotional harmony, or a refrain from pursuing one’s self-interest at the expense of someone else, so as not to become a subject of social contempt. One should also bear in mind that none of these consequences was carefully planned in advance nor purposefully executed.

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„Słownik Jaskólskiego”, czyli o historii myśli politycznej holistycznie. Refleksje nad Słownikiem historii doktryn politycznych (t. I–VI, Wydawnictwo Sejmowe, Warszawa 1997–2015)

Adam Czarnota

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 243 - 249

https://doi.org/10.4467/20844131KS.16.012.5332

The article is a review of the extensive six-volume Dictionary of the History of Political Doctrines elaborated by a wide group of Cracovian historians of political thought under the editorial guidance of Prof. Michał Jaskólski. I argue that The Dictionary of the History of Political Doctrines plays a double role: being a piece of a scholarship it is also a book which should be read by politically responsible citizens who intend to better understand processes and events in public life. In my opinion, the history of political doctrines in Poland was in need of such a work, which is neither a monograph nor a course book, but a reference book. The purpose of The Dictionary… – the same as in the case of the Oxford or Cambridge Companions to… – is to: conceptualize the issue, to indicate the controversies and the arguments within the intellectual debates, and, last but not least, to provide the reader with a basic bibliography. Beyond its ability to give information, the main asset of the reviewed dictionary consists in its interpretation of the discussed aspects of political thought, which is much more difficult and scientifically interesting. In order to complete the work on the six-volume dictionary successfully, one had to be conscious of the complex identity of the discipline, and one had to possess a sense of synthesis. In my opinion the scientific editor of the dictionary, Prof. Michał Jaskólski, is a scholar who possesses both these attributes. To sum up, although the book serves as an invitation to enter the labyrinth of the history of political thought, it also invites the reader to ‘walk’ through it critically.

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Legal Historical Research in Belgium (2015)

Wouter Druwé

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 251 - 254

This contribution provides an outline of the most important accomplishments in Belgian legal historical research in 2015, in terms of conferences, publications, and Ph.D. defences. Three preliminary remarks are necessary. First, this contribution does not aim to be an exhaustive overview of all publications. Secondly, given the international nature of current academic research, it is almost impossible to separate Belgian legal historical work from events in European legal history and even beyond. Therefore, the focus will be only on those conferences and projects organized or edited by legal historians active at Belgian universities. Thirdly, although I tried to take into account the French speaking universities of Belgium as well, I am more familiar with the Flemish ones.

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Overview of Conferences Focusing on Legal History and Roman Law, Organized in the Czech Republic in 2015

Lenka Šmídová Malárová

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 255 - 256

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A Selection of Events in German Legal History in 2015

Maria Filipiak

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 257 - 258

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Annual Report on Legal History from Hungary 2015

Tamás Kecskés

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 2, Volume 9 (2016), pp. 259 - 261