Czasopismo Prawno-Historyczne, 2012, z. 1
Permanent URI for this collection
Browse
Recent Submissions
Item Prawo własności w nauczaniu episkopatu II Rzeczypospolitej.(Wydawnictwo Poznańskie sp. z o.o., 2012) Stanulewicz, MaksymilianThe attitudes of Polish Catholic Church hierarchs and the shaping of their views on the fundamental social and economic institutions of the Second Polish Republic were not free from the influence of the Church’s social teaching that developed at the turn of the20th century. One of the key issues that was widely deliberated was that of ownership. In spite of the fact that ownership was a major social institution, it had been for long neglected in the teaching of the Catholic Church in Poland. However, although ignored during the period of Poland’s partitions, once the country regained independence, land ownership issues became suddenly within the interest among Polish bishops, and increased greatly when the government put forward its proposals of reforms in agriculture. The most conservative views and attitudes on land property and the role of land ownership in the social and economic sphere were then activated and, despite the enlightened opinions of some leading Catholic priests in the period 1918-1939 who followed the teaching of Pope Pius XI and advocated fair pay, fighting unemployment, working on social legislation, and the idea subsidiarity and corporate attitudes in economy, the majority of the Polish Episcopate remained steadfast in their utterly conservative convictions, especially on the issue of Church property and its preservation. Thus, the opinions of the few Polish bishops (i.a. Teodor Kubin or Stanisław Adamski) to the contrary were exceptional and isolated, particularly because even the Holy See treated them as too far advanced and modern.Item Gubernatorzy wojskowi w systemie polskiej administracji początków XIX wieku.(Wydawnictwo Poznańskie sp. z o.o., 2012) Marszałek, Piotr KrzysztofIn Polish literature on the subject, the military governor’s office is usually associated with the organisation of the administrative system that prevailed in the partitioning states (Poland’s Partitions 1791-1918). However, the governor’s office had already been known in Poland during the Duchy of Warsaw (1807-1815), when it was, like many other solutions of administrative and military law, imported directly from France. In the structure of Polish public organs, the office of governor was created for the first time during the Polish-Austrian war in 1809. Although no documents have survived from which we could learn of the competences of a Polish governor in those times, what is known is that the description of his authority followed closely the model set out by the French legislation. It was not before the Polish-Russian war in 1830-1831 that first attempts were made to independently set out the authority of a governor of the Polish state, but even then, at least initially, the solutions set forth by the regime of the Napoleonic decree were directly referred to and copied. In the second half of the 19th century, shortly before the collapse of the November Uprising, a draft describing the office and competences of a Polish governor was finally ready to be put forward for parliamentary discussion, but it was already too late for the Sejm to deal with it.Item Prawo rzymskie w okresie Renesansu i Baroku. Humanistyczny wymiar europejskiej kultury prawnej.(Wydawnictwo Poznańskie sp. z o.o., 2012) Święcicka, PaulinaThe history and formation of the European legal culture that had been developing and taking shape since the Middle Ages when universalism manifested itself as ius commune and seemed to be a satisfactory solution, has been marked with the appearance of a trend called ‘legal humanism’ which developed in response to the humanistic Renaissance postulates. While humanism itself pertained to arts and science of the Renaissance period, legal humanism that emerged centuries later, challenged the medieval interpretation of Justinian texts and postulated the rejection of the mos italicus methods described as praemitto, scindo, summo casumque figuro – praelego, casus, commodo, obiicio (Math. Grib. De meth, 3.94-98). The supporters of the new humanistic jurisprudence advocated recognition of Roman law as an element of the research into the Antiquity. As a result, ancient texts underwent a certain ‘purification’ and were subsequently used for the teaching of Roman law based on subsequent „Glosses and Commentaries”. Critical reviews of the fundamental sources of law as well as the first translations of till then unknown Greek texts were also attempted. That all was possible because the jurists of that new era had a much more comprehensible education and linguistic skills and were able to read texts in Greek and finally break away with the medieval impasse Graeca sunt, non leguntur, going beyond the „judicial Bible” of the compilation of Justinian texts only, searching for new and often multi-aspect meanings and a true understanding of the Ancient World. This new approach to Roman law had also changed the attitude to legal studies which ceased to be seen as merely updating the existing laws i.e. serving the practice. Roman law was finally recognised as a historic phenomenon, a product of its times that evolved together with the changing world, and the study of Roman law became an aim and objective of its own. Such an approach quickly found followers in all Western Europe and replaced the exegetic commentaries with a new form – a treaty that compared the theory of law with the existing laws on the basis of its historic context. An author of a legal academic paper was no longer a mere executor and commentator of ius scriptum, but, being a jurist of humanistic views, transformed into a searcher of pure law, an expert of both the Antiquity and the contemporary World. As François Baudouin put it: sine historia caeca est iurisprudentia (De Institutione historiae universae, I, 609).