Wyniki wyszukiwania - Biblioteka Nauki

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Kariera uniwersytecka jako sposób awansu społecznego w dawnej Polsce

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Sondel J.

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tom 3

PL

What was characteristic of the Cracow Academy in the second half of the 16th century was its being boycotted by the students of nobiliary extraction. As a result the Academy became the place of remarkably plebeian nature. The point was that the townsmen desired learning that would be suitable in their economic and commercial activities. The peasants, in their turn, while sending their sons to the Academy tried to secure social advancement to them, particularly their entrance into the estate of clergy or, sometimes, that of the townsmen. The students of lower social extraction sometimes made a university career. Those who followed that line were for instance Antoni of Napachania (1494–1561) who was the professor of theology and rector of Cracow Academy. The same may be said about Piotr Proboszczowic (c. 1509–1565) who was the professor of astrology, town astrologer of Cracow and, since 1548, astrologer of Sigismund August. Among other individuals who made similar career one may mention Jan Brożek, an outstanding mathematician of the ﬁrst half of the 17th century and Stanisław Mareniusz (c. 1532–1580) who was Magister Iuris and Dean of the Faculty of Philosophy as well the lecturer on Greek and the defender of the rights and privilegies of the Academy at the Sejm held in Warsaw in 1578. The list might include many other individuals. Being fully aware that the disrespect demonstrated by the nobility toward the Academy was due to the low social extraction of the academicians, King Sigismund I made the decision to confer on the professors the prerogatives of the estate of the nobles. He did it in 1535 in recognition of their merits in educating the youth „for the enlargement of the glory of God, for the beneﬁt of the Church and for the fame of the Kingdom.” Despite its imperious tone, the idea that the nobiliary privilegies should apply to the professors of Cracow Academy had little chance to be implemented in practice. The resistance of the nobles was in the way of such implementation. The problem was eventually solved in favour of the professors at the Sejm held in Grodno in 1793. This was possible thanks to the efforts made by Śniadecki as well as the support of the king and good will shown to the concept by Russian Deputy Sievers. The success was however of a short‐lived nature because Poland soon lost its independence.

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PRAWO RZYMSKIE W ŚWIECIE WSPóŁCZESNYM WEDŁUG HENRYKA KUPISZEWSKIEGO

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Sondel J.

Zeszyty Prawnicze

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2015

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tom 15

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nr 2

123-133

PL

Roman Law In The Contemporary World According To Henryk Kupiszewski Summary The 1988 publication of Henryk Kupiszewski’s book on Roman law and the contemporary world (Prawo rzymskie a współczesność) was a milestone in Polish scholarship. It was written in reaction to the attempts which had been continually undertaken under the People’s Republic of Poland to remove Roman law from the teaching syllabus. The book triggered vociferous protest against the attempt to turn the faculties of law at Polish universities into vocational colleges, at the same time stimulating research on Roman law, not only in its historical aspect but also from the point of view of its value for the present times. An image emerged of Kupiszewski as an outstanding scholar of the humanities, for whom the ethical values in Roman law were just as important as the institutions it created which were subsequently adopted by the legislative systems of latter-day civilised states. Professor Kupiszewski, an advocate of the theory of continuity in the Roman culture and civilisation following the Germanic invasion, drew attention to two factors which turned out to be particularly relevant for the continuation of Roman law – education and the notarial service. He held that especially the latter was of seminal importance, since the formulas notaries reproduced time and again in documents carried the precepts of Roman law well into the Middle Ages. He attributed a special significance to the inspiration Roman law engendered, which he saw as its principal contemporary value. And one can hardly disagree if one recalls a remark he made, that “Justinian’s compilation is a rich store full of things that are required nowadays” is still being confirmed in the work of today’s specialists in civil law.

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Elementy romanistyczne w prawie karnym Polski przedrozbiorowej

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Sondel J.

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nr 3-4

101-116

PL

The analysis of Polish penal law sources allows to state that the influence of Roman law can be noticed also in this branch of law. Its direct application can also be observed in the Middle Ages and in the centuries that followed. The Cracow Academy Erection Act and the Priviledge of the City of Cracow, both dated May 12th, 1364, ordered that every lay scholar, bedel, stationarius etc., who was accused of serious crimes, should be responsible before the king’s court iuxta leges, that is according to Roman law. The rule was restated several times and it shows a surprising vitality, as it not only survived in Poland of the Nobility Republic but was invoked in the eighteenth century as well. Roman law was also applied in two famous crimen laesae maiestatis casas in 1620 and 1773. During the proceedings, their participants cited Justinian's collections several times when they perceived a lack of domestic regulation. The courts called upon the collections in certain degree in both cases. Urban law gives numerous examples in this area of studies. For years, the law was considered the domain of Roman law influence in Poland. The writings of Bartłomiej Groicki, who lived in the sixteenth century, broadly relate the crimen laesae maiestatis and they contain various direct appleals to Roman law (C. de feriis L. Provinciarum praesides, lex lulia de adulterii coercendis, lex Attinia, lex India et Płatnia, lex X II Tabularum etc.) which create a basis for his ample deliberation. It seems that the most interesting discussion concerns the typical for Roman law penalty for patricides (poena cullei). Its reception into Polish urban law had occurred through Speculum Saxonum and it constitutes a strong evidence for the influence of the Roman law system on penal legislation.

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Faszyzm a prawo. Głos w dyskusji

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Sondel J.

Studia nad Faszyzmem i Zbrodniami Hitlerowskimi

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2011

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tom 33

355–379

EN

Adolf Hitler, who after the unsuccessful Munich Putsch of 1923 had changed his tactics and gained power by legal means after being appointed the Chancellor of the Reich on the 30th of January 1933 by the President Paul von Hindenburg, began the implementation of his party’s program but at the start of his rule he attempted to maintain a pretense of legalism. However, over time, he progressively attached less importance to this guise which was made possible by the declaration — by the President’s decree for the protection of the nation and state (February 28, 1933) — of the state of emergency which in fact was never formally revoked. The above-mentioned decree was for Hitler an extraordinarily useful instrument in his pursuit for incapacitation of state’s legal institutions and for seizure of dictatorial power. It was also observable in the realm of law in which there happened a Draconian aggravation of criminal penalties, a rejection of the most fundamental rule of legalism concerning the inadmissibility of the retroactivity of legal rules, a creation of Popular Tribunals and special courts, an extermination — in the majesty of law — of Jewish population and of feeble-minded persons, etc. In the sphere of civil law the interest of the state was considered to possess an absolute priority over individual rights which ultimately led to the disappearance of the boundaries between public and private law. The Italian Fascism was comparatively less harsh in its policies. Though it also accepted the employment of terror against political opponents as a way of governing, it never applied this method on as large a scale as it was done in the Third Reich. Benito Mussolini, the leader of the Fascist Italy, openly expressed his disapproval of Nazi’s undertakings towards Polish state in 1939; he also vigorously attempted to secure a release of the Jagiellonian University professors arrested and imprisoned on the 6th of November 1939 during Sonderaktion Krakau. At the same time, the Italian Fascists extolled the achievements of the ancient Rome — also in the field of law — which was a complete and utter anathema to Nazis who opposed Roman law on the most fundamental level. The fight against this law was considered by the latter to be one of their essential political principles, as evidenced by the 19th point of the NSDAP program adopted on the 24th of February 1920. This position of German ideologues also found its reflections in literature, particularly in a short story written by Louis Aragon and titled Roman law has ceased to exist and in poetic works of Mieczysław Jastrun, which anyway provide an excellent commentary on the abovementioned doctrinal propositions of the Nazi party.

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UWAGI O TŁUMACZENIU DIGESTÓW JUSTYNIAŃSKICH TOMASZA PALMIRSKIEGO

63%

Sondel J.

Zeszyty Prawnicze

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2015

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tom 15

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nr 1

237-242