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EN
The merging of the Constitutional and Legal History of Poland with the General Constitutional and Legal History into one subject Constitutional and Legal History gave rise to the fear that Polish constitutional and legal institutions may be blurred in the area of general history. The absence of individual subject, whose name reflected Polishness, might contribute to the weakening of the spirit of historical community of Polish society, the spirit being previously moulded by the discussed subject. The essential educational element in the forming of the frame of mind of the lawyer inclined toward humanities is the knowledge of above all the constitutional history of his own country, the evolution of its political institutions and the law applied in courts. The discussed modification of the process of educating future lawyers at the Faculty of Law, Administration and Economy of the University of Wrocław may push to the background questions which laid the emphasis on the vernacular legal culture of the state. It is from the native constitutional and legal history that we obtain the first line experience. The subject that was thus eliminated was the one characterized by rich historiography and the one that emphasized the historical continuity of Polish state and law.
EN
The sources of legal history illustrate the functioning of state structure and the society à trawers les âges. They are doubtless cultural heritage and value. One can view them through prism that is: 1) historical; 2) cognitive; 3) cultural. It is worthwhile to note that a well-prepared edition of the sources of that type facilitates smuggling their cognitive and cultural values. The editing of the sources cannot be replaced by a digitalization of the archives. Of course, the digitalization is needed (since it provides better protection of the archives than the microfilms do, and facilitates the access to the source material). However it cannot replace the function of source editing. The latter, in fact guarantees their the cognitive and cultural aspects of the source material will be brought to light. When edited, the sources material is not only the tool, it turns also into a cultural value. The first Polish editions of sources of legal history were prepared in the 18th century. These were: Volumina Legum (a collection of parliamentary acts), and the edition of international treaties compiled by Maciej Dogiel. The material they contained was still in use in legal practice of the 18th century. In the 19th century the growth of interests in the Poland’s past was stimulative of further editions of sources. They were published in several series. Thus Antoni Zygmunt Helcel established a series Starodawne prawa polskiego pomniki while the Polish Academy of Arts and Sciences printed Archiwum komisji prawniczej. Both series continued publishing the main legal acts and also those illustrative of legal practice from the 13th through 18th centuries. There were also some sources printed beyond the scope of these two series. The efforts of A.Z. Helcel, R. Hube, B. Ulanowski, F. Piekosiński, M. Bobrzyński, S. Kutrzeba and O. Balzer in source exploring were continued after World War II. Those engaged in this work were above all the researchers from Kraków, Warszawa, Poznań. The second series of Starodawne prawa polskiego pomniki was due to the initiative of the Polish Academy of Science, its editor-in-chief being professor Adam Vetulani. Following 1989 it is in the Chair of Polish Legal History at the Jagiellonian University that the task of source editing is continued. It has been for 15 years now that Professor Stanisław Grodziski and his co-workers are engaged in publishing Volumina Constitutionum which is a modern version of the edition of the parliamentary acts of the old-Polish nobiliary Republic. In this millieu it was also Ludwik Łysiak and Karin Nilsen von Stryk who were responsible for publishing the court records illustrative of the cases between 15th through 16th centuries. Professor Wacław Uruszczak and his collaborators were, in their turn, busy editing criminal court records between 16th through 18th centuries.
PL
In the past, in the same way as it occurs at present, the importance of legal history disciplines was questioned. They were often considered to be useless for lawyers. An interesting example is the situation in the Kingdom of Poland during the first three decades of the 19th century. The aim of the article is to present the role which the Polish Legal History played as part of the education of lawyers at Warsaw University in that period. The study was carried out on the basis of an analysis of manuscripts of the then students’ notes. The lectures were given by Prof. Jan Wincenty Bandtkie.
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