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Dyskurs o zasadniczej myśli prawniczej w „Themis Polskiej” (1828–1830) na tle programu historycznej szkoły prawa w Niemczech

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Mecke C.-E.

Forum Prawnicze

2018

issue 3 (47)

17–41

Shortly before the suppression of the November Uprising of 1830/31, jurisprudence in the Kingdom of Poland underwent a phase of renewal driven by a new genera- tion of well-trained young legal scholars. In 1828 they founded ”Themis Polska”, the first law journal in Poland to take a scientific approach in reference to its famous French precursor ”Thémis”. The new professional journal quickly became a public platform for debate among legal scholars in the Kingdom of Poland on the past, present and future of Polish law. Three fundamental questions engaged the jurists of the time. Firstly, the role of Roman law in the Polish history. In light of the Western European reception of Roman law, a fundamental subject of discus- sion at the core of this was the question as to what role Roman law should play in Poland of the future. Secondly, following contemporary controversies in Germany under the new watchwords ”nation” and ”history”, the question of the relation- ship between history, philosophy and the dogmatics of law had also been raised in Polish jurisprudence. The third question referred to the future codification of Polish civil law. This discussion also followed on from the famous codification debate that had taken place in Germany fifteen years earlier.

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Dyskurs o zasadniczej myśli prawniczej w „Themis Polskiej” (1828–1830) na tle programu historycznej szkoły prawa w Niemczech