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Volume, 9 Issue 3

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Volume 9 (2016) Next

Publication date: 25.11.2016

Description

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

Licence: None

Editorial team

Issue editors Dorota Malec, Wacław Uruszczak, Krzysztof Fokt, Maciej Mikuła

Issue content

Hana Pátková

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 271 - 278

https://doi.org/10.4467/20844131KS.16.013.5853
This paper discusses five municipal books which originated in the first half of the 14th century. They are probably the only municipal books preserved from this period, since the practice of preserving municipal books became a common one only from the second half of the 14th century. The paper deals with the Czech Lands in a stricter geographic (narrower) meaning, i.e., without Egerland and the Land of Kłodzko.  The following books were discussed: the municipal book of the Old Town of Prague, created in the year 1310, the municipal books of Nový Bydžov (from 1311), Litoměřice (from about 1341), Kolín (from 1341), and Louny (from 1347). The municipal books differ significantly both in their contents and in their external and internal features. Some of them were used during a long period of time, even until the 16th century, and their contents and features changed over the course of that time. On the other hand, a municipal book could be a part of a series of books of the same type, as well. The various functions of the municipal books, and their place among the different types of municipal records, as well as their positions in the life of the various towns were discussed on the basis of the analysis of contents and the palaeographic and diplomatic analysis.
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Ewa Wółkiewicz

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 279 - 293

https://doi.org/10.4467/20844131KS.16.014.5854
This paper deals with the beginnings of the chancery in Nysa and its activities in the 13th–14th centuries. The town, founded at the beginning of the 13th century, was one of the earliest locations (foundation) in Silesia. The first mention of the municipal scribe (notarius Niznensis) in a document from the year 1268 (the document is one of the earliest in the region). The status and activities of the scribes, however, remain an important topic for research. A number of sources from the 13th century reveal a high degree of literacy, and anawarness of the benefits of written records, especially concerning proprietory contracts. From the same period comes also a unique judicial record, i.e., the oldest proscription list in Poland. An introduction of the vernacular language in an urban chancery can obviously be regarded as a breakthrough in the process of literacy. Compared with other Silesian chancery staffs, the scribes in Nysa were characterized by an exceptionally strong conservatism, and they did not stop using Latin until the 2nd decennium of the 15th century. Reasons for this delay deserve the special attention of scholars.
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Vilém Knoll

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 295 - 312

https://doi.org/10.4467/20844131KS.16.015.5855
The city of Cheb (Eger) was an important centre situated on the border between Bohemia and the Empire (first mentioned in 1061, in 1203 referred to as a city). An important executive authority of the city was the city chancery. The significance and importance of the chancery along with other administrative authorities in Cheb is substantiated by an unusual series of municipal books and a very substantial quantity of other acts and documents, which are nowadays held in the state district archive in Cheb. The oldest preserved municipal book was founded in 1352. In the 1380’s the municipal chancery underwent fundamental reform, during which new types of specialized administrative books were instituted. Another step in chancery development came in the 1440’s in relation to the Nuremberg administrative reform. The municipal books of Cheb then existed in this new setting until the modern era.
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Katalin Gönczi

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 313 - 326

https://doi.org/10.4467/20844131KS.16.016.5856
In the medieval Kingdom of Hungary places of authentication (loca credibilia) and town chanceries led to the era of written legal traditions. In this survey the function of municipal chanceries was outlined on the basis of the Buda Law Book. Town books, as important proofs of literacy, appeared in Hungary in the 14th century. Despite their number and variety, only a few editions and articles have been published. In order to continue the research, a method based on social history was proposed, which reflected the organisation of citizens (Verband) in a context of the recent achievements of urban legal history. Town books differ according to the time of their recording, their language, and their subjects. E.g. there were court books, land records, and notes of the city council. Town books from Sopron and Miskolc are considered as different examples: Sopron was a free royal town with autonomy, while Miskolc was an oppidum with a mayor and a city council. Miskolc’ town book was recorded from the late 16th century in Hungarian. As an example of interpretations of town books, the last part of the survey focuses on the protection of property in the city of Miskolc.
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Adriana Švecová

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 327 - 343

https://doi.org/10.4467/20844131KS.16.017.5857
Municipal books from medieval Hungarian contain valuable information on municipal legal (judicial) and administrative agendas. They represent a rich source of undervalued information on Slovak history and historical law. Although Slovak historiography has already been dealing with municipal books for quite some time, it was mainly in the recent period that the history of municipalities and of the municipal books gained new impetus, particularly in the Historical Institute of the Slovak Academy of Sciences, in research institutes of Slovak universities, and at the Slovak Historical Society. Future possibilities for scholarly research are far from exhausted. This contribution offers an overview of the state of knowledge on medieval municipal books from the territory of Slovakia, in light of a future research potential in this area.
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Stanisław Salmonowicz

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 345 - 360

https://doi.org/10.4467/20844131KS.16.021.5906
The article describes the legal status of Poles residing within the territories occupied by Nazi Germany or areas incorporated into the Third Reich during the Second World War. The author points to the examples of the limitations placed on Poles in access to goods and services, including transport, healthcare, and cultural institutions. Furthermore, he reminds us of the orders and prohibitions derived from civil, administrative, and labour laws which were imposed on Poles. The author emphasises some significant differences between the Nazi occupation in Poland and in other European countries. As a result, he advocates the conduct of new research on the issue of the real situation of Poles in various occupied regions administered by the authorities of the Third Reich.
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Witold Małecki

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 361 - 378

https://doi.org/10.4467/20844131KS.16.022.5907
Formulating the concept of economic law as one of the branches of law became possible as a result of a resumption of scholar discussion on the system of Soviet law after the 20th Congress of the Communist Party of the Soviet Union in February 1956. Argumentation in favor of the separation of economic law within the system of law, which was presented by V.S. Tadevosyan, V.P. Efimochkin and I.V. Pavlov, concerned mainly the areas of theory of law and functional aspects of research on economic law. In the field of theory of law the argumentation focused on objective separateness of social relations constituting the matter of economic law. Functional reasons corresponded to the need for deepening scholar reflection on the provisions regarding state economy, due to its dynamic growth and modifications. The concept of economic law as a separate branch of law was, however, met with criticism concerning the theoretical inadequacy of separating the matter of economic law and contradiction with the views of V.I. Lenin.
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Jacek Matuszewski

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 379 - 406

https://doi.org/10.4467/20844131KS.16.018.5858
The study reflects on the functioning of the Polish peer review system using the habilitation monograph written by Karol Łopatecki as an example. The author reflects on the dangers which may result from a presumption of confidence in the intellectual honesty of the creator of a scientific study. He enumerates numerous types of failures, abundantly present in the dissertation, pondering the causes which led to giving it scientific validation. Its summary attempts to identify the circumstances which adversely affect scholarly critique in Poland.
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Karol Łopatecki

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 407 - 445

https://doi.org/10.4467/20844131KS.16.019.5859
The article analyzes Prof. Jacek Matuszewski’s critical analysis of a book titled Organization, Law and Discipline in Polish and Lithuanian Mass Mobilisation Until the Middle of the 17th. The article reveals many missteps made by the reviewer. The very high scale of mistakes shows the problem of abusing readers’ trust in scientific reviews published in journals.
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Roman Shandra

Cracow Studies of Constitutional and Legal History, Volume, 9 Issue 3, Volume 9 (2016), pp. 447 - 451

https://doi.org/10.4467/20844131KS.16.020.5860
The book by Ivan Pankevych is dedicated to exploring problems involved in the establishment and development of electoral law in Ukraine. The author analyses the problem of the development of electoral law in the context of legal and state traditions in Ukraine. Pankevych concentrates his attention on the main problems of both the past and the current time frame in the sphere of developing traditions of the electivity of power in Ukraine. Relying on research into both historical-legal and modern Ukrainian experiences, as well as foreign examples, the author offers specific approaches to solving the problems mentioned. The monograph is of paramount importance for understanding the history of the establishment and development of electoral law in Ukraine and the evolution of traditions of the electivity of power. It also offers a new perspective concerning major problems in this sphere and reveals new directions for historical-legal researchers in constitutional history.
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Słowa kluczowe: municipal books, municipal administration, Middle Ages, Bohemia, chancelary, Nysa, document, Middle Ages, offi cials, Cheb/Eger, Chebsko/Egerland, municipal books of records, municipal chancery, Hungary, Mayor, forgery, court book, defence of the border, purchase of real estate, chancery, notary, pignus/pledge, council session, settler, urban peace, last will, death penalty, municipal books, Slovakia, Hungary, medieval towns, legal filiation, city-forming process, codification, liber mixtus, occupation of Poland by Nazi Germany, German occupational laws, legal status of Poles under German occupation and in the Third Reich, economic law, Soviet law, branch of law, Soviet jurisprudence, academic promotion, intellectual integrity, military discipline, levy en masse, military services, plagiarism scholarly critique, pseudoscience, review, the law of the Nobles Republic, scientific reviews, noble host, military service in 16th and 17th century, Ukraine, tradition of electivity of power, constitutional history, electoral law, elected authorities, principles of electoral law