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Disputatio ordinaria i disputatio de quodlibet. Średniowieczne wzorce akademickiej dydaktyki historyczno-prawnej

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Skomiał J.

Acta Universitatis Lodziensis. Folia Iuridica

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2023

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tom 102

121-130

EN

Referring to the seminar entitled “Doctrinal study of the Star Wars universe. Star Wars. Republic versus Empire” held a few years ago with the participation of the Department of Political and Legal Doctrines of the University of Lodz and students, the article considers the potential of using models drawn from late medieval universities in contemporary academic didactics. Particular attention was paid to disputes held with active participation of students, the themes of which could be indicated either by the master (disputatio ordinaria) or by anyone else (disputatio de quodlibet). The latter required from the master to demonstrate their comprehensiveness and authority.

PL

Artykuł nawiązuje do seminarium zorganizowanego kilka lat temu z udziałem pracowników Katedry Doktryn Polityczno-Prawnych UŁ i studentów, zatytułowanego „Doktrynalne studium uniwersum gwiezdnych wojen. Star Wars. Republika versus Imperium”. Podejmuje kwestię wykorzystania we współczesnej dydaktyce akademickiej wzorców zaczerpniętych z późnośredniowiecznych uniwersytetów. Szczególną uwagę poświęcono dysputom, w których aktywnie uczestniczyli studenci. Ich tematy mogły być wskazywane przez mistrza (disputatio ordinaria) lub uczestników (disputatio de quodlibet).

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Spór polsko-krzyżacki w kronice Jana Długosza

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Skomiał J.

Studia Prawno-Ekonomiczne

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2014

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tom XCI (91)/1

123-152

EN

For the present in the Annales point of view on the Polish-Teutonic dispute, the primary importance was the victorious ending of the Thirteen Years’ War, which Długosz had witnessed, and additionally – a decades-distance in time between the baptism of Lithuania and Samogitia as well as the Grunwald victory and Council of Constance, and the period of writing of the Annales. These two circumstances led the canon of Cracow to present the events from the perspective of the sustainability of the effects of Polish Christianization, as well as military and political successes, opening the history of Poland becoming more powerful and acceding to fulfill its historical mission in that part of Europe (“rampart”). From this perspective, the Polish-Teutonic dispute was significant, but belonged to the past. In Długosz’s depiction the durability of Lithuanian and Samogitian Christianization, which finalized Polish-Teutonic relations in the “christanitas”, resulted in focusing attention on territorial matters (Conciliar so-called legal process), and not on the issue of Christianization (Conciliar socalled doctrine process). For a historian, the most important matter is not missionary activity, but Teutonic aggression causing Polish territorial losses and The Recovery action. For Jan Długosz – a man of the late Middle Ages, the most important values were piety and patriotism. The first manifested itself in the vision of God punishing those who appropriate the property of others, and a God who is showing his mercy through the victorious for the Polish side result of Thirteen Years’ War. The value of the second manifested itself in making the interest of the Polish state, from public-law perspective, the most important criterion for assessing people and events. The outcome of these values was a two-fold depiction of the parties in the Polish-Teutonic conflict. This was reflected in the writings with the portrayal of the Teutonic Knights as insidious aggressors, of the judges adjudicating in their favor as being biased, and in criticizing Polish rulers and their advisers who abandoned efforts to recover lost lands. Another manifestation involved praising the rulers aiming at the recovery of losses, that is proceeding in accordance with the interests of Poland, and the depiction of so ruling judges as conscientious and reliable. The indicated twofoldedness was also reflected in Długosz’s account of peace treaties and verdicts.

3

Ius resistendi w wiekach średnich. Zarys problematyki

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Skomiał J.

Studia nad Autorytaryzmem i Totalitaryzmem

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2015

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tom 37

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nr 2

63 - 93

EN

The medieval right to resist was part of the political sphere (individual and then collective actions), being at the same time a theoretical construct and later on also a legal institution. As it belonged to these three spheres, it was approached in a variety of ways. The question was defined fairly precisely only in normative acts of the early 13th century (institutionalisation of the right to resist). Drawing on Article 61 of Magna Charta (1215), it could be said that the right to resist was a right granted by the ruler (by way of a normative act in the form of a contract) authorising the subjects to collectively react in a variety of ways to the monarch’s actions violating their rights and privileges as well as principles of conduct and customs. Earlier on in the Middle Ages the aim of ius resistendi was to restore disrupted order. This was associated with the problem of bad ruler (tyrant) and a vision of the ruler’s role in society. In the Late Middle Ages the right to resist began to be used as a method of shaping the relations between society’s elite and the ruler. As a means to restore the social order, the right to resist assumed various forms. The so-called passive right to resist consisted in “disobedience” (refusal to fulfil an obligation), while the so-called active right to resist was manifested in both “harassment” of the ruler (attacks on the monarch’s officials and estates) and armed fight against the ruler until his deposition. Given the aim of ius resistendi (reparation by the ruler of what he had done wrong), “tyrannicide” as its radical form was unique. The evolution of the right to resist was influenced by the early Christian thought and German tradition as well as feudalism with its principle whereby the superior’s felony justified refusal to obey. Until the 11th century the question of ius resistendi was rarely raised among the Visigoths or the Franks. A breakthrough came with the investiture contest and the recognition of the possibility of depriving a monarch of his power, if he violated the existing order. This view was used in later disputes between the subjects and their rulers as well as in contract-based agreements concluded by the conflicted parties. The 13th century saw both a culmination of theoretical reflections (St. Thomas’ views) and first signs of a weakening of the political significance of ius resistendi (omission of regulations concerning it from monarchs’ confirmations, recognition of the risk of resorting to ius resistendi owing to an uncertain outcome, the question of caution in theoretical considerations). Towards the end of the Middle Ages ius resistendi began to be replaced by actions of state-wide assemblies of estates restraining the ruler.

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Kronika

23%

Madeja A. , Sudnik - Bardach W. , Olszewski H. , Maj M. , Urbańczyk M. , Adamczyk T. , Wiśniewska - Jóźwiak D. , Mackiewicz M. , Szymański Ł. , Pomianowski P. , Szewczak-Daniel M. , Sobotka R. , Skomiał J. , Andrzejewski J. , Kowalski G. M. , Machut - Kowalczyk J. , Głuszak M.

Czasopismo Prawno-Historyczne

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2014

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tom 66

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nr 1

549-573