Czasopismo Prawno-Historyczne

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https://repozytorium.amu.edu.pl/handle/10593/1755

Czasopismo Prawno-Historyczne (CPH) zostało założone w 1948 r. przez wybitnego historyka prawa profesora Zygmunta Wojciechowskiego i ukazuje się nieprzerwanie do dziś. CPH publikowane jest co pół roku, od 2010 r. również w wersji elektronicznej na uniwersyteckiej platformie cyfrowej, a od 2021 r. tylko w takiej wersji. Jest periodykiem poświęconym historii ustroju i prawa, dziejom prawa rzymskiego i kanonicznego, historii doktryn politycznych i prawnych oraz historii prawa jako nauki. Na łamach CPH publikują renomowani badacze z kraju i zagranicy oraz młodzi adepci nauk historyczno-prawnych, w tym autorzy rozpraw, prac drobnych i materiałów oraz tekstów polemicznych i krytycznych.

Czasopismo Prawno-Historyczne [CPH, ang. Journal of Law and History] was founded in 1948 by Professor Zygmunt Wojciechowski and has been published continuously to this day. CPH is published regularly every six months, from 2010 also in electronic version on the university digital platform, and from 2021 only in this version. It is a periodical devoted to the history of the political system and law, the history of Roman and canon law, the history of political and legal doctrines, and the history of law as a science. Renowned researchers from Poland and abroad as well as young adepts of historical and legal sciences, including authors of dissertations, minor works and materials, as well as polemical and critical texts, publish in CPH.

Redaktor naczelny: prof. UAM dr hab. Maksymilian Stanulewicz
Kontakt: Uniwersytet im. Adama Mickiewicza w Poznaniu, Wydział Prawa i Administracji, Collegium Iuridicum Novum, al. Niepodległości 53
61-714 Poznań
tel. +48 61 829 31 60
e-mail: cph@amu.edu.pl, adrsta13@amu.edu.pl
strona www: https://pressto.amu.edu.pl/index.php/cph
Nazwa wydawcy: Wydział Prawa i Administracji UAM
ISSN 0070-2471

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Now showing 1 - 20 of 58

Historia prawa a metodologia nauk prawnych.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Plessis Du, Paul J.
The paper is an attempt to answer the fundamental question whether there is any rationale behind studying Roman law for the sake of modern science and the teaching of law. In the first part of the paper, the possibility of rejecting reading Roman law as being useless from the point of view of contemporary jurisprudence is considered. It is also proposed that the current state of affairs is the result of implementation in legal history studies of R. Zimmermann’s vision that Roman law and comparative law are two useful instruments for harmonising private law. Further, a claim is made that the outcome of the discussions on the harmonisation of private law, the so-called Common Frame of Reference has been developed with no references to the accomplishments of legal history. This innovative and modern approach is then discussed and a question is asked whether it would be possible and expedient to take a fresher look at Roman law, and propose a more realistic element to jurisprudence, rejecting, at the same time, the dogmatic method, and focus, instead, on the reflection on the essence and merit of law, and the relationship between law and the environment in which it is applied. This, in the author’s opinion, should serve to make the study of Roman law more independent in relation to the current doctrine of private law. The author then concludes that Roman law may be useful for the construction of private law but only on condition that it is not reduced to an ideological banner supporting the myth of a united Europe, as the true usefulness of Roman law should be the identification of universal elements and provision of arguments to challenge the currently adopted dogmatic vision of private law.
O pojęciu „Rzeczpospolita” (res publica) w polskiej myśli politycznej XVI wieku
(Wydawnictwo Poznańskie sp. z o.o., 2010) Pietrzyk-Reeves, Dorota
The paper argues that the concept of rzeczpospolita (commonwealth) can be seen as the key to the understanding of the main theories formulated by Polish political thinkers of the sixteenth century, and in particular such prominent writers as Andrzej Frycz Modrzewski, Wawrzyniec Goślicki, Sebastian Petrycy of Pilzno and Stanisław Orzechowski. The term res publica is closely connected with the classical republican tradition. Therefore the analysis of the concept rzeczpospolita presented in the paper begins with that tradition and its early modern revival before it goes on to examine Polish political thought of the sixteenth century and its potential affinity with the republican insight. One of the main theses of the paper is that the Polish reflection on rzeczpospolita includes the major categories of political philosophy that concern the nature and goals of a political community, its order and the arrangement of its political institutions, as well as the role and duties of its citizens and rulers. Examined from this perspective, Polish political thought of the sixteenth century can be seen as a valuable contribution to the modern republican tradition as it delineates the theoretical basis of the reflection on the political and legal order. Despite the fact that these categories were not strong enough to become a foundation for a strong state, they turned out to be the common ground and moral cement of Polish society in later periods.
Koncepcje ustrojowe niemieckiej chadecji w latach 1945-1948.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Bożek, Michał
A political formation for post-war Germany that would be based on the fundamental principles of Christian ethics was envisaged by German emigrants and the anti-Nazi movement already during the Second World War. The first Christian Democrat structures emerged immediately after the end of the war, in 1945, but initially they were nothing more than a conglomerate of many small parties which were only loosely related to one another. It therefore took some time before they developed into a largely uniform political party. The political system of the restored German state after the second world war was a widely discussed issue and one of the key programme items of the Christian Democrat party in the allied-occupied West Germany. Those discussions took place during the harmonisation process that was gradually taking place and encompassed different ideas stemming from different party fractions. From those emerged a model of the political system of the future state that was primarily intended to be a parliamentary democracy based on the rule of law, a federal type of state and one respecting the fundamental rights and freedoms of an individual, determined to join, on behalf of its citizens, the international community and be involved in the European integration process. Those general and widely supported goals marginalised the differences and alternative ideas emerging in the discussions of different Christian Democrat leaders. Undoubtedly, the issue of the overall political system of Germany was of primary importance in the first post-war years.
Dopuszczalność korzystania z pomocy prawnej przez oskarżonego w angielskim procesie karnym (XIII-XVI wiek).
(Wydawnictwo Poznańskie sp. z o.o., 2010) Złamańczuk, Paweł
The paper analyses the admissibility of the right to counsel of the accused in the English criminal trial, and focuses on the pre-trial stage and the main criminal proceedings in the 13th and 14th centuries. Although the pre-trial proceedings had not been formalised until the mid 16th century, there are still some data available on which an opinion may be based. The author’s focus of attention is the main criminal proceeding and the admissibility of the right to counsel at that stage, for which the sources of information seem more reliable. As can be deduced, the right to counsel depended on the form in which the criminal proceeding commenced and the weight, or gravity of the crime. In most serious cases the right to counsel was restricted. However, it was probably not until the Tudor period when the rule against defence counsel considerably toughened. This is further evidenced by instances occurring between 1300 and 1500 in which legal aid was extended in cases tried on indictment. An exception were matters initiated by private accusation, so called appeal of felony, and offences of lesser gravity, called misdemeanours. Legal issues that emerged during a criminal trial were also capable of justifying the right to counsel.
Pozycja prawna państwowego Kościoła Szkocji.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Zieliński, Tadeusz
The Church of Scotland, alongside the Church of England, is one of the two state, or established churches in Great Britain. The legal status of the Church of Scotland is of particular nature, not encountered in other European states, as it combines a religious institution with public authority. Its present shape was constituted in the Church of Scotland Act 1921 and followed an agreement it concluded with the British state. The Church of Scotland enjoys complete independence from the state in spiritual matters and its position is generally more privileged in comparison to that of other religious communities. The latter fact may be criticised by those who postulate equality before the law, and in particular the equal treatment of all religious communities. And yet, the Scottish model seems to find fewer critics than the Church of England model prevailing in England. Therefore, if Great Britain is to experience a revision of the relationship between the public authority and religion, such changes will most probably first happen in the southern part of the UK. Thus the future of the Church of Scotland depends on the developments in the Church of England.
Dyskusja na temat reformy ustroju Polskiej Rzeczypospolitej Ludowej w latach 1956-1957.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Mażewski, Lech
The discussion on the reforms of the political system of the Polish People’s Republic that was going on in the years 1956-1957 was “chaotic, highly emotional and occasionally demagogic” (Andrzej Burda). The proposals of reforms lacked coherence and were by no means a comprehensive system of views on what the political system of the Polish State should be like. And yet, it was then when practically all possible political-legal institutions were deliberated and at least briefly considered as potential solutions, and some were returned to in subsequent political debates or reflected in the amended Constitution of 1952. The very fact that such a variety of different options was discussed despite the populist opinions praising the fundamental act on the political system then binding in Poland was in itself a positive feature, the basic weakness of the discussion, however, lay in the fact that participants in the debate did not realise the importance of a framework for the post-totalitarian system in which Poland was to function after the transformations of 1956.
Regulacje prawne stanów szczególnego zagrożenia państwa w debacie parlamentarnej II Rzeczypospolitej.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Marszałek, Piotr
A state is a social creation and as such is vested with certain functions that must be performed in order to satisfy the needs of individuals who constitute a community. One of the fundamental and vital needs of a human being is security. The fulfilment of that need is decisive for an individual and therefore the real, or even only implied, endangerment of one’s living, or the living of those to whom one feels close, is particularly painful. The protective function exercised by a state is nothing more than the engagement of relevant measures to maintain security when a certain public good is being endangered. There are different sources of potential threat to a public good. They may be either internal or external. It is the state that must decide about the level and degree of the threat, but that assessment should, at least broadly, correspond to the social attitudes and expectations. Poland is a state that was resuscitated, or reborn, at the turn of October and November of 1918. And yet, even the emergence of a uniform executive power in Poland did not solve the fundamental problems of the newly independent state for which to maintain the legal and public order was a priority. The increasing destabilisation of the internal situation led to the introduction of an institution of a state of emergency, which has subsequently developed in accordance with the conceptions enclosed in the Constitutions of the Second Republic of Poland. The institution of martial law has followed suit.
Reforma szlachectwa w Królestwie Polskim w latach 1836-1861.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Demidowicz, Tomasz
The reform of the nobility in the Kingdom of Poland carried out between 1836 and 1861 by the Russian Empire controlling its part of Partitioned Poland constituted an element of a wider plan to transform its social and legal systems in order to bring the structure of the Polish society closer to the Russian one. This plan was part of the anti-Polish policy of the Russian Empire adopted after the defeat of the November Uprising 1830/31 the objective of which was to ‘build a united nation of Russians and Poles’. As a result of the reform, the number of Polish nobles was reduced from 300,000 in 1830 to 84,800 in 1861, when the nobility accounted only for 17% of the total population of the Kingdom of Poland. The reform was originally planned for two years but actually lasted 25 years. Following the Russian model, the hereditary as well as personal (life) title was introduced. This principle was overtly contrary to the spirit of the Organic Statute of 1832 and infringed the rule of equality before law, undermining at the same time the integrity of the civil and criminal codes binding in the Kingdom of Poland. It also opened doors to corruption and numerous instances of bribery, costing the State Treasury 1,800,000 roubles. The reform was perceived by Poles as yet another act of repression of the Russian Empire after the fall of the November Uprising.
Toskańskie reformy kościelne na synodzie w Pistoi w 1786 roku.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Kwiecień, Marcin
The Synod of Pistoia was the central point of the Tuscan reforms that aimed to regulate the relations between the State and the Church under the reign of Peter Leopold, the great duke of Tuscany 1765-1790. The wide reform programme supported by the bishops of Prato and Pistoia, and headed by Bishop Scipione de Ricci, encountered huge opposition of those who wanted to protect the old Roman Catholic Church order. The reformers went further and demanded fundamental changes in the theological doctrine, the liturgy and the organisation of church structures (the 57 point programme). Their claims incorporated some demands made by the Jansenists clergy. Some of those demands (missa dialogata, the use of the vernacular in the liturgy, or removal of Baroque influences from the Church) were far ahead their times, and some were recognised only later, and implemented by the Second Vatican Council. Although the Synod of Pistoia approved the reformers’ postulates, they failed to be implemented throughout the whole of Tuscany and the new Synod-accepted legislation came to a spectacular end.
Uwagi o statusie prawnym wyznawców judaizmu na ziemiach polskich.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Borecki, Paweł
The beginnings of the presence of the followers of Judaism in Poland date back to the first half of the 11th century when the first Jews settled down in Kraków. In the coming years the Polish-Lithuanian Commonwealth became the largest concentration of Ashkenaz Jews in Europe. The 16th and the first half of the 17th centuries are considered the “golden age” of Judaism in the territory of Poland, although the foundations of their legal status in Poland were already laid down in the Calisian statute issued by duke Boleslav Pius in 1264. From the second half of the 16th century until 1764 the 3-tier Jewish autonomy in Poland was based on kahals. During the Partitioned Poland the followers of Judaism became gradually emancipated in terms of legal and social status, but the differences in their position under three different controlling powers became more pronounced. Whereas in the territory of the Kingdom of Poland the reforms were of the most durable character, in Russia, legal discrimination of the followers of Judaism continued until 1917. After World War I their legal status in Poland was determined in the decree of 1916 issued by Warsaw governor general Hans von Beseler, which granted the Jewish Religious Association a status of a public law corporation of a compulsory nature. By 1928 the binding powers of that decree had been extended all over Poland, save for the Silesian province where the former Austrian and Prussian legislation still prevailed. After World War II the activity of the Jewish Religious Association was not resumed. The status of the followers of Judaism was later regulated by amendments to the law on associations implemented in 1949. It was not, however, until the Freedom of Religion and Conscience Act of 17 May 1989 that the Jews’ legal status had significantly improved. The subsequent Act of 20 February 1997 regulated the relation between the State and the largest Jewish organisation in Poland, the Union of Jewish Communities. The Act provides, inter alia, for the restitution of Jewish property. The followers of Judaism in Poland today enjoy the best ever legal status in their history in the Polish territories.
O narodzinach brytyjskiego systemu parlamentarno-gabinetowego.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Rakowski, Maciej
The British parliamentary cabinet system took a long time to achieve its final shape. Its beginnings date back to the 17th century and the reign of Charles II, but the cabinet was finally developed and subsequently separated from the sovereign during the reign of George I and George II. However, even then, it was not yet subordinated to Parliament. The beginning of the 19th century saw a speedy evolution of the position of the House of Commons which consequently, after the 1832 reform, dominated the Cabinet and had a decisive power regarding its political existence. And yet, over the next years, the Cabinet became to play a dominant role, which was the result of its being elected by people rather than by the King’s decision or owing to preferences amongst the lords. And so, eventually, the 18th century sovereignty of the King was replaced by the sovereignty of the people.
Następstwo tronu w Księstwie Krakowsko-Sandomierskim i Królestwie Polskim (1180-1370)
(Wydawnictwo Poznańskie sp. z o.o., 2010) Uruszczak, Wacław
In the Kingdom of Poland, the election of a king as a successor to the throne had a long tradition dating back in the Piast dynasty. During the Piast period in Kraków, and more specifically in the Kraków-Sandomierz Duchy, also the ruling prince was elected. The first so elected Kraków ruler, called the princeps, was Kazimierz Sprawiedliwy (Casimir the Just) (1180-1194), followed by his minor son Leszek called Biały (the White). Subsequent rulers were also elected, but the election was kept within the Piast dynasty and was, as a rule, merely a confirming election. In 1291 the throne was offered to Vaclav II of the Czech dynasty of the Przemyslids, who defeated in a military battle his rival, the Cuiavian prince Władysław Łokietek (Ladislaus, the Elbow-High). Following the death of Vaclav II and his successor Vaclav III (died on 4 August 1306), Władysław Łokietek, supported by the Hungarians, conquered Kraków and the whole Kraków-Sandomierz Duchy and was subsequently granted , by the baronial caste (możnowładztwo), the power over the Duchy. That act by Kraków barons could also be recognised as an election. Łokietek was the first ruler who introduced the titles „pan i dziedzic” (dominus et haeres) and used his succession rights, with the Papal support, in his struggle to coronation in 1320. Following his death in 1333, the throne was passed to his only son Kazimierz. According to Jan Dlugosz, a chronicler, the convention of the Kraków barons and knights once again confirmed Kazimierz’s right to the throne in an act that might be recognised as a confirming election again. However, his successor, the Hungarian king Louis of Anjou, came to the throne following the succession agreement in Vyshegrad in 1339 and Buda in 1355, which were at least formal attempts to end the electoral system and replaced in with the written principle of the succession to the throne by inheritance of the title. And yet, in the light of an absence of male successors, the issue of an election of a successor to the Polish throne was soon back.
Polskie władze administracyjne w procesie wysiedlania ludności niemieckiej w latach 1945-1949.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Kacprzak, Paweł
The decision about the displacement of Germans agreed in Potsdam protocols imposed certain obligations on the administrative organs of the states that were to supervise their transfers. Those obligations included adherence to certain standards of how the transfers were to be organised and humanitarian treatment of the persons being displaced. Those and other details were subsequently set out in various bilateral agreements. The execution of the agreed decisions was subject to control by special bodies of military missions. However, full adherence to the prescribed standards required substantial resources (transport, catering, qualified personnel) which only a stable state was capable of providing. Poland, badly damaged and impoverished after the war, did not meet the required standards. Consequently, the actual realisation of the Potsdam decisions and the displacement operation was not quite as expected. Hence the complaints and criticism of organisational inefficiency and non-humanitarian treatment of the population being displaced. It must be noted though that the central authorities tried hard and did their best to secure adequate fulfilment of their obligations, despite the frequently objective difficulties and conditions that rendered the task impossible to fulfil satisfactorily. Therefore, the critical assessment of the performance of the operation by Polish authorities should take into account the mitigating circumstances described above.
Jurysdykcja sądu konsystorskiego w świetle przepisów prawa małżeńskiego z 1836 roku.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Fastyn, Arkadiusz
The paper discusses jurisdiction of the Consistory in matrimonial matters in the central part of Poland between 1919-1939, where, pursuant to the matrimonial law of 1836, jurisdiction in matters such as separation, divorce and nullification of marriage was vested in certain church courts. Decisions issued by those churches were recognised as binding and effective decisions in civil law as well. The main considerations focus of the scope of civil jurisdiction of church courts, and, in particular, their jurisdiction as demarcated by the law. Under that law, matrimonial matters were submitted to a church court that was relevant for the religious faith of the spouses in question. Where spouses were of two different denominations, proper jurisdiction for them was determined by the interdenominational matrimonial law of 1836. However, adjudications of church courts other than RC church court were not always accepted by the dominant RC church. This led to frequent disputes regarding their recognition by civil courts. The key subject of the research is the denominational aspect of the jurisdiction of a church court. The paper also includes different interpretations of the interdenominational provisions formulated by leading theoreticians of the interwar period. As can be seen, the differences of their opinions as well as incoherent jurisdiction of the Supreme Court created many doubts with regards to the enforcement of a decision in a matrimonial matter issued by a church court with improper jurisdiction. And so, in its decision of 8 November 1926 the Supreme Court adjudicated that a state court was empowered to investigate the jurisdiction of a church court which has issued a decision in a matrimonial matter. At the same time, however, it took a stance that the provisions of the state interdenominational law should be absolutely binding. And yet, in some other cases it tended to marginalise the state law and allowed to base civil jurisdiction of a RC court entirely on canon law. These examples illustrate a tendency of the Supreme Court to favour broad construction of the principle laid down in Article 114 of the Constitution that the Roman Catholic Church in Poland should be governed by its own laws.
Statut Organiczny Królestwa Polskiego w latach 1832-1856.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Demidowicz, Tomasz
The Organic Statute of 26 February 1832 signed by tsar Nicholas I of Russia in the aftermath of the November Uprising 1830/31 replaced the autonomy of the Kingdom of Poland resulting from its personal union with the Russian Empire and reduced the Kingdom to one province of the Empire, leaving it, however, a certain separate political system. The Statute was of fundamental importance from the point of view of the functioning of the Kingdom of Poland and set out, in Articles 22-29 and 39-41, its ‚final organisation’ as well as its head, central and local authorities. The judiciary was constituted pursuant to Article 1 and Articles 55-67, while Articles 31-33 gave rise to such institutions as Department for the Matters of the Kingdom of Poland and the Secretariat of the State of the Kingdom of Poland. Article 18 set grounds for the formation of the Land Credit Society and the Bank of Poland. The provisions of Article 11 were referred to in the declaration of martial law in 1833, and those of Article 12 were relied on in the legalisation of the practice of sequestration and forfeiture. Article 13, in turn, gave the possibility to impose stricter censorship and culturally isolate the Kingdom of Poland, Articles 14-15 were used to justify free economic exploitation, while similar exploitation but of human material (such as 15-years of compulsory military service) was possible owing to the provisions of Article 20. Further, Articles 31 and 68 were referred to by the Imperial authorities in their attempts to implement in the Kingdom of Poland a social system similar to that in the Russian Empire, by inter alia, the imposition of the Laws on Nobility and the matrimonial Law of 1836. Pursuant to the provisions of Article 68, a special policy was developed at the end of the 1830s to unify and centralise the Kingdom of Poland with the Russian Empire, and the formation in 1839 of the Warsaw Scientific Society, the District Board of Communication District Board in 1846 and the Post District Board in 1852 are but a few examples. This anti-Polish policy pursued by the Russian Empire was temporarily stopped by Aleksander Wielopolski’s reforms.
Kompetencje późnorzymskiego vicarius Thraciae w VI-VII wieku.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Wiewiorowski, Jacek
The paper reviews the disputable issue concerning the competences of vicarius Thraciae (βικάριος Θρᾴκης), an office introduced during the rule of Justinian the Great (527-565) around the middle of the 6th century. Most probably a vicarius Thraciae was a civil head of four provinces of an ancient diocese of Thracia: Europa, Haemimontus, Rhodopa and Thracia. The author describes the administrative changes implemented in the Balkans in the Justinian the Great times, and presents various bits of information on other holders of that office, found on objects dug out in different parts of the territory, such as stamps or inscriptions. Those available data are subsequently compared with information on prerogatives of administrators of other dioceses. The author comes to the conclusion that judicial competences of a vicarius Thraciae were likely to be rather limited. His opinion is based on the fact that in appelate matters three out of the four provinces under the rule of the vicar were within the jurisdiction of the prefect of Constantinople. On the other hand, their purely administrative competences were much wider and included supervision of public construction projects. The author further proposes that a vicarius Thraciae might have had something to do with the defence construction project that was being realised in the Balkans in the Justinian the Great time. As one example shows, before 582 there was also a vicarius Thraciae who was most probably a military commander, others might have performed functions of heads of the army in emergency, when in the last decades of the 6th and 7th centuries Balkan provinces were threatened by the attacks of Avars and Slavs. In conclusion the author claims that the example of a vicarius Thraciae proves that the organisational principles on which a late-Roman state was built were not as formalised as some legal sources claim. This opinion is in line with the characteristic feature of the Roman state tradition which showed traces of certain instability of the principles on which a state was organised, and the ad hoc decisions that were often made by the state officials whenever a need for them arose.
Polityka władz polskich wobec ludności niemieckiej w okresie funkcjonowania Ministerstwa Ziem Odzyskanych.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Kacprzak, Paweł
The German population living within the Polish territorial boundaries after the end of the Second World War was subjected to certain policy and state activities. The fundamental objective of the Polish authorities, resulting from the right of state, the social reality of the time and the national policy adopted by the government, was to displace the Germans from the territory of Poland. When the Ministry for Regained Territories was still in power, a number of actions were taken to ‘encourage’ the Germans to leave as well as to prevent them from associating or forming organisations. Such actions were possible because the Germans who lived in Poland at that time were practically deprived of any legal protection. When the Ministry for Regained Territories was about to discontinue its activity at the wake of the Stalinisation of the Polish state, those nationalistic attitudes weakened.
Adwokatura w Królestwie Polskim w latach 1876-1918.
(Wydawnictwo Poznańskie sp. z o.o., 2010) Materniak-Pawłowska, Małgorzata
In 1876 the reform of the Russian judicial system of 1864 was implemented, with certain amendments, also in the Kingdom of Poland. As of that date, the Bar in the Kingdom was given a completely new organisational form. Its former 3-tier hierarchical organisation was replaced with a 1-tier institution of sworn advocates. The effects of those changes were clearly visible in the altered role of a barrister in a trial. On the positive side, the more stringent requirements before the candidates wishing to be accepted to the Bar ensured an overall better quality of legal service. The negative consequences were, among others, the Russian language becoming the official language of judicial proceedings. Moreover, between 1876 and 1918 the Bar in the Kingdom of Poland was closely controlled by the authorities of the Russian Empire and no form of Polish self-governing body was allowed in it. Despite those restrictions, the Bar remained largely Polish and the profession of the sworn barrister in the Kingdom of Poland was performed mainly by the Polish lawyers. However, the conditions of work remained harsh, which prompted barristers, especially during World War I, to pursue many varied tasks for the community, aimed, in the long run, at creating a platform for the barristers to collaborate on different levels and to eventually develop into a professional group. The barristers associated in the Bar of the Kingdom of Poland authored the main draft of the new law on barristers and their appointments, effective as a temporary solution from 1 January 1919. A new era of the Bar began.
Weryfikacja narodowościowa ludności rodzimej i rehabilitacja tzw. „volksdeutschów” w latach 1945-1949.
(Wydawnictwo Poznańskie sp. z o.o., 2011) Kacprzak, Paweł
The end of the Second World War and resulting from it new boundaries of Poland brought to light a very acute problem that required an immediate resolution of demographic and social matters. The predominant issue was the expulsion of the Germans from the Polish territory that needed to be conducted pursuant to the agreements of the Potsdam Treaty. The problem that arose in connection with that concerned the native (called autochthonous) German population in Poland. Consequently, a procedure to verify the nationality was developed, with the expectation that it would result in the acquisition of numbers of new citizens that Poland really needed. Another way of increasing the Polish population was through a rehabilitation procedure offered to those who had earlier enlisted as German nationals. While in the case of the former group (native Germans) the opposition among the Polish society was not very strong, the situation looked much different in the case of the latter, as there was a strong conviction in the society that those who had earlier renounced Polish citizenship deserved some kind of punishment. The paper deals with both issues and points to their complexity. The winding course of the Polish state’s policy towards those two groups of population in the first years after the end of the Second World War was dominated by the primary goal of Poland’s government to build a nationalistic state, had practically destroyed the plans to acquire their members as conscious Polish citizens.
Prawne zasady użytkowania pojazdów mechanicznych w Drugiej Rzeczypospolitej.
(Wydawnictwo Poznańskie sp. z o.o., 2011) Pyter, Magdalena
The paper is an attempt to present the first Polish legal regulations that were directly applicable to the motor industry. Such regulations were drafted and implemented as a binding law in Poland only in 1921. The period of twenty years that followed its implementation was a time of a continuous development of motor car law that had gradually taken the form of more detailed and specific legal provisions. It is worthy a note that by 1937 a uniform regulation covering all types of motor car as well as the motor traffic rules had been adopted. Obviously, the regulations had to develop, and they did, to reflect the technical developments and the progress and advancements in technology in particular, and the motor industry in general. And yet, the motor car law was not reduced to invoking the legal provisions only. Together with the development of legislation as such, it also addressed current matters and formulated other specific solutions, pertaining, for instance, to fiscal and revenue regulations, or to the obligation of motor car owners to make their vehicles to the military forces in the peace time, or to the state for defence purposes.

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