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  1. 4 Studia Prawno-Ekonomiczne

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  1. 4 Jakubowski I.

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Recenzja - Egon Flaig, Zrytualizowana polityka. Znaki, gesty i władza w starożytnym Rzymie

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Jakubowski I.
Studia Prawno-Ekonomiczne
|
2013
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vol. LXXXIX (89)
183-188
2
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Twórcy i apologeci prawa rzymskiego w opinii Tadeusza Czackiego

100%
Jakubowski I.
Studia Prawno-Ekonomiczne
|
2013
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vol. LXXXVIII (88)
49-70
EN
The author presents Tadeusz Czacki’s opinions regarding the architects of Roman law and those, who remained firmly under its influence, under its spell, and occupied themselves with reception of ius romanum by other legal systems. In the first part of his work, the author relates Czacki’s knowledge of Roman law, one of the most important characters of Polish life at the turn of 19th Century. The author points out that Czacki must have known the law of Romans very well, although this familiarity was rather formal instead of material. Czacki knew the sources of Roman law well, as well as its architects, although not without a few sad mistakes and imperfections. In the course of following sections, the author relates Czacki’s opinion regarding the sources of ius romanum, so the Law of Twelve Tables, many other Roman acts, then the Theodosian Code and the entire codification of Justinian. Opinions of creators of Roman law are also presented: emperors August, Theodosian, Justinian, and afterwards the author presents Czacki’s opinions about illustrious Roman jurists such as Papinian, Ulpian, Paulus and the great codificator Tribonian, the real creator of Justinian’s work. Czacki doesn’t spare many characters and presents negative opinions about them, of course with his great erudite skill. In the last part, the author presents Czacki’s knowledge of Polish law and its development in old Poland, beginning with the statutes of Casimir the Great and up to the efforts of codifying Polish law in the latter half of 18th Century. Because Czacki was not an enthusiast of Roman law’s influence on Polish law theories, he criticised many Polish lawyers of the Renessaince, who had suggested admitting that Roman law had at least auxilary influence on the development of Polish law, especially within town law. He quotes opinions regarding Ostrorog, Przyluski, Roisius and others. In the closing notes, the author remarks that even though Czacki is a follower the theory claiming Norman influence on Polish law, he starts to perceive, however small they were, influences Roman law had on Polish law.
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Kodyfikacje prawa polskiego w wieku Oświecenia i spór o rolę prawa rzymskiego na początku XIX stulecia

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Jakubowski I.
Studia Prawno-Ekonomiczne
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2009
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vol. LXXX (80)
103-113
EN
In the first part of his work, the author presents two attempts at the codification of Polish law undertaken at the end of the 18th century, while in the second deals with the problem of a heated discussion, commenced in 1800, on the role and position of Roman law in Polish law of the pre-partition epoch. The author emphasizes the unfortunate fact that both codification enterprises remained attempts only. The so called “Zamoyski Code” of 1778 did not gain the force of binding law, both for substantive and political reasons. Work on the so called “Stanislaus August Code” did not go beyond the stage of acquiring materials and sending prospectuses. In both these projects one can find a considerable number of references to legal solutions of the ancient Romans, especially in widely understood civil law (right in property, obligation law, law of inheritance, family law). The discussion on Roman law and its presence in former Polish law initiated by Tadeusz Czacki, and soon (1806) undertaken by his adversary, Jan Wincenty Bandtke, found many outstanding followers in the persons of J. Lelewel, R. Hube, A. Kraushar or W. Maciejowski. Czacki sought the provenance of Polish law in northern laws and did not see any influences of ius romanum. Bandtke, on the other hand, regarded Roman law as a binding force in the development of Polish law. The seasoned expert of the course of that discussion, J. Kodrębski, states that in the first half of the 20th century it still antagonized scholars and virtually it was not definitely resolved. The beginnings of this polemics perfectly corresponded with the introduction of the Napoleonic Code in the Duchy of Warsaw. Kodrębski perceives in this process the only successful attempt of reception of Roman law in Poland.
4
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RECENZJA - Sławomir Godek, III Statut Litewski w dobie porozbiorowej

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Jakubowski I.
Studia Prawno-Ekonomiczne
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2014
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vol. XCIII (93)
133-136
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