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Obrona rozprawy doktorskiej mgra Macieja Mikuły

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Karabowicz A.
Czasopismo Prawno-Historyczne
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2012
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vol. 64
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issue 2
556-556
PL
Obrona rozprawy doktorskiej mgra Macieja Mikuły
2
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Kolokwium habilitacyjne dra Zdzisława Zarzyckiego

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Karabowicz A.
Czasopismo Prawno-Historyczne
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2012
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vol. 64
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issue 2
555-555
PL
Kolokwium habilitacyjne dra Zdzisława Zarzyckiego
3
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Obrona rozprawy doktorskiej mgr Katarzyny Krzysztofek

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Karabowicz A.
Czasopismo Prawno-Historyczne
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2012
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vol. 64
|
issue 2
555-555
PL
Obrona rozprawy doktorskiej mgr Katarzyny Krzysztofek
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Prawodawstwo sejmowe i królewskie za panowania Stefana Batorego (1576–1586). Autoreferat z obrony pracy doktorskiej, Kraków, 28 lutego 2011 r.

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Karabowicz A.
Krakowskie Studia z Historii Państwa i Prawa
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2012
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vol. 5
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issue 1
121-132
EN
Stephen Batory ruled the Republic of the Two Nations for almost 11 years. The time of his reign was characterized by specifi c relationships between him and the Polish-Lithuanian General Seym. What was reflective of this specifi cacy were the Seym proceeding practices and the nature of the law-creating process. Since the reign of king Batory was short it is not easy to formulate the rules along which the aforementioned relationships developed. The criterion that allowed to classify the major legislative acts produced at that time was that of who produced them (the criterion of the Legislator). Other criterion – for instance the traditional one based on the scope of legislative competence of the Seym and the king – would not be possible to apply. The point was that the division of matters into those left for the legislation as made by the king and those left for the legislative activities of the Seym was not dichotomous. In producing legal norms the two entities complemented each other. At the same time they also competed with each other. As a result two interesting phenomena were observable: the interchangeability of the two law-creating agencies, i.e. that of the king and that of the Seym, and also the fl exibility of the forms assumed by the legislative acts. In the discussed period the legal norms of universally binding force were adopted at the central level either in the form of resolution as made by the General Seym or in the form of acts issued by the king. The act that was expected to be considered the legislative product of the Seym was the one which jointly fulfi lled two requirements. First, it had to be produced at the time and in the place of the Seym debates (therefore in most cases, although not always, there was made in it the allusion of the type: “at the General Seym”, in conventu generalis Regni nostri). The second thing, and simultaneously the most important one, was the information that was placed in the text of the act (unless the tenor of the information could be seen from the content of the act in an obvious way) that the act was produced “while following the advice of our Lords Counsellors and with the consent given by the Seym deputies representing the provinces (de consilio consiliariorum Nostrorum, consensusque omnium ordinum)”. Other legislative acts were qualifi ed as royal acts but the latter were not homogeneous. Thus the monarch could by himself produce universals (these were his own acts). On such occasion he operated as rex solus or cooperated with the senators (de consilio consiliariorum Nostrorum). He could also produce them upon the request and with the consent of the nobles (the so called approved acts), which was distinctly emphasized in the content of the act, the consensus of the nobles (of their representatives) to the specific provision being mentioned. The ruler acted in the capacity of the legislator both during the Seym debates as well as beyond the Seym. However the act published by the king even upon the consent of the Senators and the deputies representing the entire State was not considered to be the Seym-adopted act if it was issued beyond the place and beyond the time of the General Seym’s debates. What occurred sometimes were the combined (mixed) acts like for instance the so called Ekscepta mazowieckie. The Ekscepta were the act issued by the king on request of the Seym deputies representing the Mazovia Province. They were issued by the king beyond the place and time of the Seym debates on the basis of the document prepared in advance and submitted to the monarch, and eventually confirmed by him. One provision of the Ekscepta was however adopted by the Seym but was enclosed later to the entire text of the Ekscepta. Therefore the Ekscepta were of the nature of mixed act. Of similar nature was the Universal on tax collection of 1578. It was published as the king-issued act but, due to the specific history of its formulation, it was – from the perspective of Grand Duchy of Lithuania and almost the entire Crown (i.e. the Polish part of the Respublica) – considered to be the Seym-produced act. Also the so called Constitutions of the Grand Duchy of Lithuania seem to be an interesting type of legal acts. They should be classified as the royal ones. While exploring the legislation of King Batory’s reign, it is possible to arrive at a conclusion that the Seym-adopted statutory law (the so called Seym-produced constitutions) and the king-issued Universals that used to replace the Seym-adopted law, occupied equal position. This equality was due to the fact that in the regular circumstances the provisions contained in the Universals would fi nd themselves in the acts adopted by the Seym. We may say that in the discussed era the provisions that would regulate the law-creating process were absent and consequently accounted for such phenomena as fl exibility of the forms of legal acts and the interchangeability of legislative devices.
5
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Bibliografia uzupełniająca prac profesora Stanisława Grodziskiego za lata 2008–2012

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Karabowicz A.
Krakowskie Studia z Historii Państwa i Prawa
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2012
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vol. 5
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issue 1
PL
The list of Professor Stanisław Grodziski’s publications 2000–2010
6
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Sprawy sejmowe i dorobek prawodawczy „tempore Conventi Generalia Torunensis A.D. 1576” w świetle Metryki Koronnej

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Karabowicz A.
Krakowskie Studia z Historii Państwa i Prawa
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2008
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vol. 2
PL
Polish-Lithuanian Seym of 1576 convened at Toruń was the first ordinary parliament under the reign of the second freely elected Polish king, Stephen Bathory (1576–1586). According to the opinion of legal historians this Seym was ineffective since no parliament-adopted statute (in the old-Polish terminology referred to as the constitution) was issued during its stormy debates. This was due to fact that at that time there appeared a serious divergence between what the monarch (who was preoccupied with the civil war between the Crown and the city of Gdańsk) expected from this Parliament and the Polish-Lithuanian gentry that tended toward fundamental constitutional reforms. In my opinion, this Parliament, functioning under the pressure of necessity, went as far as adopting two enactments of the end of November 1576, referred to as the ordinances. One of them dealt with the duty of the towns to accommodate the royal officers. The other one limited itself to appointing special deputies of both houses of the Seym, and equipping them with the task of collecting and administering a socalled defense tax. In the volumes of Metrica Regni Poloniae, numbered 113–115, there were also registered a plenty of privileges issued for towns and some social groups at that period. There were also contained in them some documents illustrative of parliamentary debates. The content of the discussed volumes sheds a new light on the efficiency of Conventus Generalis Torunensis A.D. 1576.
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Custom and Statute: A Brief History of Their Coexistence in Poland

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Karabowicz A.
Krakowskie Studia z Historii Państwa i Prawa
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2014
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vol. 7
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issue 1
PL
The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved. Emphasis is placed on the time period up until the Third Partition of Poland. Originally, Polish law formed a customary system. However, in the course of centuries, this system was partially modified by statutory law, the statutes being first the creation of the monarchy and later that of the parliament. Customary law, however, remained predominant due to the power of the Catholic Church, as well as Poles’ reluctance to abide by Roman law. Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections. At the same time, statutory law began to appear, for instance, in the form of royal privileges for the nobility, sometimes issued in consultation with a large body of the monarch’s advisors assembled in so-called colloquia. The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for future parliamentary structures. Thus, customary and statutory law coexisted in Poland during this time period. Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century. Then, in the sixteenth century, attempts were made to replace the custom with a codified land law system. The statute frequently performed a complementary role vis-à-vis the custom and supplemented principles contained therein. In some cases, however, the statutory law would contradict older practice and tradition, thereby introducing new norms. In the sixteenth century, when regular parliaments (Sejms) began to fully function, the old ius ducale, which once allowed the monarch to intervene in the substance of customary law, ceased to exist. Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom. Ultimately, during the mid-sixteenth century, the legislative nature of customary norms ceased to be questioned. Two old Polish institutions – life annuity between husband and wife and the securing of a loan by mortgage – exemplify the predominant role of the custom over the statute. This tendency is particularly evident in penal law, homicide being a prime example. Statutory law, on the other hand, was more successful in the area of procedure. However, it is possible to encounter the same tendency as in the aforementioned institutions of private and penal laws, an example being the old Polish possessory trial. The coexistence of the custom and the statute in the Polish legal system is supported by a long-lasting tradition, the role of the custom being not entirely eliminated even today.
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