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Petrażycki jako prekursor law & economics

100%
Giaro T.
Studia Iuridica
|
2018
|
vol. 74
135-154
PL
At the end of the 19th century the first wave of the movement law & economics has taken place in Europe. One of its protagonists was Leon Petrażycki (Leo von Petrażycki, 1867–1931), a Polish jurist who studied in Russia and in Germany. His book “Die Lehre vom Einkommen” whose title can be best translated as “The Doctrine of Income” was published in Berlin in 1893 (1st volume) and 1895 (2nd volume). The doctrine of Petrażycki, who insisted on using economic instead of technical-legal concepts, reveals astonishing resemblances to the modern movement of law & economics, inaugurated in 1960-ties in the USA.
2
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Memory Disorders: Koschaker Rediscovered and Bowdlerized

100%
Giaro T.
Studia Iuridica
|
2018
|
vol. 78
9-23
EN
The biography of an Austrian specialist in Roman law, Paul Koschaker (1879–1951), who spent the Nazi-time as an elderly professor at important law faculties of Germany, such as Leipzig, Berlin and Tubingen, is reexamined. Recent attempts of image cultivation, which try to acclaim Koschaker the most courageous fighter against every form of totalitarianism in Europe and nearly the patron saint for European jurists, are proved unjustified.
3
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The Culmination-Book. Trying to Make Sense of the Nazi Years

100%
Giaro T.
Studia Iuridica
|
2020
|
vol. 83
7-26
EN
Are we entitled to consider the exiled German legal historians of Jewish origin, Fritz Pringsheim, Fritz Schulz and David Daube, on equal footing with Franz Wieacker, Paul Koschaker and Helmut Coing as founding fathers of the shared European legal tradition? In this way, the asylum seekers would be equated with the perpetrators or profiteers of their expulsion. But first of all: have the exiled actually contributed something to this “shared” legal history?
4

Transnational Law and its Historical Precedents

100%
Giaro T.
Studia Iuridica
|
2016
|
vol. 68
73-85
PL
The concept of transnational law is by many modern scholars identified exclusively with the global law or world’s law of the 21st century. However, in legal history we find much older cases of lawmaking which occurs without the intervention of state agencies or even beyond the state. From this point of view we analyze briefly the ancient Roman ius civile, the medieval canon law, the Roman-canon utrumque ius, the old-European capitulations and the cases of legal pluralism which could be found within the Russian Empire.
5
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A Matter of Pure Conscience? Franz Wieacker and his “Conceptual Change” [CRITIQUE]

100%
Giaro T.
Studia Iuridica
|
2019
|
vol. 82
9-28
PL
Based on a recent biography of Franz Wieacker (1908–1994) two central questions are examined. Is it allowed to analyze a young, but already prominent German law professor of the Nazi era as a pure scholar whose identity remained unchanged from the times of Weimar to the Federal Republic of Germany? Is it plausible to treat the Nazis as progenitors of current European legal history, and in particular as founding fathers of European legal tradition?
6
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Transnational Law and its Historical Precedents

100%
Giaro T.
Studia Iuridica
|
2016
|
vol. 68
73-85
PL
The concept of transnational law is by many modern scholars identified exclusively with the global law or world’s law of the 21st century. However, in legal history we find much older cases of lawmaking which occurs without the intervention of state agencies or even beyond the state. From this point of view we analyze briefly the ancient Roman ius civile, the medieval canon law, the Roman-canon utrumque ius, the old-European capitulations and the cases of legal pluralism which could be found within the Russian Empire.
7
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Upadłość państw, odszkodowania karne i zasada kauzalności

32%
Giaro T.
Studia Iuridica
|
2016
|
vol. 64
133-135
PL
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8
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Preface

16%
Giaro T.
Studia Iuridica
|
2017
|
vol. 71
9-10
EN
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