Czasopismo Prawno-Historyczne, 2010, z. 2
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Browsing Czasopismo Prawno-Historyczne, 2010, z. 2 by Subject "Historia prawa"
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Item 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.Item Uwagi o statusie prawnym wyznawców judaizmu na ziemiach polskich.(Wydawnictwo Poznańskie sp. z o.o., 2010) Borecki, PawełThe 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.