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  1. 1 Studia Prawno-Ekonomiczne

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  1. 1 Jakubowski I.

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Twórcy i apologeci prawa rzymskiego w opinii Tadeusza Czackiego

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Jakubowski I.
Studia Prawno-Ekonomiczne
|
2013
|
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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