Search

The article presents a study dedicated to the analysis of legal advice given in Nowy Kurier Warszawski, a Polish-language German newspaper published in the General Government during World War II. The publication is primarily based on an analysis of press sources, employing a quantitative research methodology. It aims to answer the following research questions: How much advice was given each year? What was the average distribution per issue? Which legal fields were covered by the legal advice, and in which fields was the most advice given? What was the distribution between legal advice regarding pre-war law and German legislation? What were the main types of cases (problems) within each category of the provided legal advice? To what extent, if at all, was legal advice instrumental in imposing the German perspective (interpretation of the law)? Through the analysis of the legal advice provided to readers, the author intends to present a partial picture of everyday life in the General Government. The thesis of the article posits that the legal advice published in Nowy Kurier Warszawski primarily had an informational character for the residents of the General Government, often concerning issues that extended far beyond the legal sphere. They were not a tool of propaganda for the German authorities’ legal system.

The article focuses on vocabulary related to political identity of the Polish Crown’s nobility in sejmik acts. These sources often mention identities related to particular territories, the larger whole (the Commonwealth, ojczyzna – “fatherland”, korona – “the Crown”) and one’s legal estate, while religious and ethnic identities are fairly rarely referenced. The linguistic changes are presented through consecutive 40-year divisions of the time frame under study. In the period until 1611 the word korona, as well as terms related to abstract political ideals, appear more often compared to subsequent decades. With time, references to local identities increasingly dominate mentions of the larger ones. The period 1612–1651 is a time of increased attention to the ojczyzna and signs of civic mobilization. The period after 1651 confirms the domination of the word rzeczpospolita over ojczyzna and korona, as well as a focus on bureaucratic functions and military survival of the polity. Word collocations serve as evidence to criticize anachronistic understanding of terms related to country identity in modern times (kraj, państwo, naród – “nation”, which contrary to popular depictions of the period signifies person’s descent more than any sovereign whole). The study shows the array of identity-related terms of the Commonwealth as a system of interrelated concepts, coalescing around the vision of political gathering of palatinates (at the sejm) and the citizens-brethren.

The article is concerned with the legal aspects of pharmacies in the Habsburg monarchy at the turn of the 20th century. The framework issues were regulated by law. These included such important issues as the opening of pharmacies, defining at the same time the requirements for their operation and the procedure for granting a licence, as well as the fees to be paid by concessionaires and specifying the circumstances for losing a licence. Furthermore, the possibility of opening branches was introduced. In turn, issues related to ‘everyday practice’, such as the possibility of opening on Sundays, were regulated through regulations. The duties of pharmacists were defined in detail, as well as the appearance and equipment of the establishments themselves. The specific rooms of which a pharmacy was to be composed were indicated, along with a description of their purpose and prohibited activities, and a list of the equipment or instruments with which they should be equipped. In practice, however, attempts were made to prevent any emerging abuses through official inspections carried out by doctors or reports sent to the authorities.

The purpose of this article is to trace the evolution of the legal titles under which aldermanships were possessed in royal towns in the period from the mid-14th to the mid-16th centuries. As the analysis of royal documents shows, interest in increasing control over the turnover of aldermanships can be noted as early as the reign of the first two Jagiellonian kings. This is confirmed by the increased frequency of the clause of obligatory royal consent in alienation. However, control of turnover was only the first step in a deeper evolution to move away from divided ownership to pledge and sale with a right of repurchase. These latter legal titles provided the monarch with greater freedom in the trading of aldermanships, thereby enabling him to use aldermanic property to reward merit and for broader personal political purposes.

The reign of Stanisław II August (1764–1795) was a period of generous distribution of titles of nobility in the Polish-Lithuanian Commonwealth. Bringing in and promoting foreign elites was seen as a chance to lift the Polish-Lithuanian elective monarchy out of the crisis that had been deepening since the socalled Saxon times (1697–1763). This policy was served by the granting of indygenat, which gave the status of Polish nobility to foreign nobles. This status was given to members of de Verny family from Lorraine, who, being loyal to their new homeland, made efforts to preserve its existence.

The academic journal Cracow Studies of Constitutional and Legal History has recently published a review article by Piotr Alexandrowicz entitled “The Emperor’s New Clothes – Remarks on Krzysztof Burczak’s Book.” The paper presents a biased evaluation of many aspects of the monograph. As the author states himself, he is not familiar with all the issues included in the monograph, and yet still he decided to review the book. Many of his opinions should be considered incorrect, although some of them seem accurate, and the fragments whose purpose is to make suggestions concerning the author’s knowledge of the subject should be left without comment.

The subject of the study is the criminal procedural legislation of the Soviet period. The purpose of the article is to highlight and characterize the stages of codification of all-Union criminal procedure legislation. The stages are highlighted taking into account changes within the two-level structure of sectoral legislation, which reflect the evolution of the Soviet state and law. All-Union codified acts were designated by the term Fundamentals. The article proves that in the conditions of a federal state, the optimal structure for criminal procedural legislation included the all-Union Fundamentals and the Republican Code. Attempts to compile a Criminal Procedure Code of the USSR were unsuccessful. The main research methods are the comparative legal method and the formal legal method. They were used to analyze and compare regulations and proposed projects. The chronological method was used to highlight the stages of codification of the all-Union criminal procedural legislation. The institutional method made it possible to consider criminal proceedings as an independent branch related to public law. Based on published and archival sources, the reasons, conditions, stages and results of codification are explored. For the first time, projects of the USSR Code of Criminal Procedure were identified and analyzed.Two stages of codification activity are identified, the border between them being the Constitution of the USSR of 1936. At the first stage, the Fundamentals of Criminal Proceedings of the USSR and Union Republics of 1924 were approved. The foundations were based on the provisions of the Code of Criminal Procedure of the RSFSR of 1922. At the second stage, significant efforts were spent on drawing up the Code of Criminal Procedure of the USSR. The activities of special commissions involved in the preparation of the USSR Code of Criminal Procedure in the 1930-50s are considered. The termination of the development of the USSR Code of Criminal Procedure had political reasons not related to the quality of the projects. Positive results of codification activities are shown. The drafting of the USSR Code of Criminal Procedure contributed to the development of the theory of codification and the doctrine of criminal procedure legislation. Project materials were used in the preparation of the Fundamentals of Criminal Procedure of the USSR and Union Republics of 1958 and the Code of Criminal Procedure of the RSFSR of 1960.A conclusion is made about the high continuity of basic norms and institutions in the codified acts on criminal proceedings of the Soviet period. The study provides an example of the construction and development of the vertical structure of legislation in a federal state.

Until the founding of the Republic of Latvia, women were practically excluded from law studies and work in the justice system. The territory of Latvia was part of the Russian Empire and thus subject to the 1864 judicial reform and its laws, which required a law degree and experience to be eligible for working in the justice system and prohibited women from these positions. Following the founding of the Republic of Latvia in 1918 and, more specifically, the establishment of the University of Latvia which had a stronger focus on gender equality in 1919, Latvian women finally had the opportunity to earn the necessary degrees and pursue careers in the judiciary. However, to gain the required experience and be admitted to practice in the court, Bar association, or notaria, women initially needed someone to employ them. In this regard, specific well-known men with liberal worldviews played a significant role.

The article focuses on the functioning of military criminal justice in the period of the end of the First World War and in the first years of the First Czechoslovak Republic. The content of the article is a case study in which a criminal case is analyzed. The aim of this analysis is to outline the functioning of military criminal justice in the period under review, including the relevant legislation. Within the text, attention is also paid to the practical problems that the authorities involved in military criminal proceedings had to deal with.

The article concerns the origins of the well-known classification of corporeal and incorporeal things in Roman law, which follows from the development visible in the legal sources from Institutes of Gaius to the codification of the emperor Justinian. The wide range of non-legal sources dealing with the classification, mostly the philosophical works, from authors as Cicero, Seneca, Gellius, or Lactantius, is taken also into account. Two types of the classification based on the corporeality of things arise from all the analyzed texts. The first one uses the terms corporeal and incorporeal thing, but the legal sources, except the Institutes of Gaius and apart the non-legal ones, almost avoid it. The second one divides things with corpus and the ones consisting of rights and it is represented in the text of Ulpianus or Hermogenianus as well as in several post-classical legal sources. Nevertheless, the codification of the emperor Justinian adopts the formulation according to Gaius, whose proximity to the philosophy categories can be observed so the classification of the corporeal and incorporeal things.

The article discusses the concept of constituent and constituted power in the context of the establishment of the Czechoslovak state in 1918 – the constitutional revolution, with a particular focus on the role of Alois Rašín, a key figure in this process of discontinuity from the existing regime. However, the distinction between constituent and constituted power fails to explain how a new legal order arises without overly idealizing the constituent power. Author suggests focusing on specific values, such as democracy, political rights guarantees, and equality, rather than on the ephemeral nature of power during the creation of a new regime.

In his article, the author deals with the issue of the “nationalization” of civil rights in the USA, by which, in the context of the issue, he means primarily the incorporation of civil liberties contained in the federal Bill of Rights at the level of individual states of he Union. As he explains, this incorporation was rejected until the Civil War based on the U.S. Supreme Court’s decision in Barron v. Baltimore in 1833. Other possibilities for such incorporation opened up after the passage of the 14th Amendment to the Constitution in 1868. However, even here, this solution was first rejected in the so-called “slaughterhouse cases” of 1873, when the “immunities and privileges clause” of the amendment was not used. The gradual incorporation of the Bill of Rights thus occurs only through the “due process clause” of the 14th Amendment, as evidenced in particular by the decisions of the U.S. Supreme Court adopted in the 20th century. This whole process, which very well documents the issue of the federal system in the USA, is primarily completed in the 1960s.

The adoption of the law on the establishment of an independent Czechoslovak state from 1918, which adopted the previous law of Austria-Hungary on Czechoslovakterritory, brought with it legal dualism. This was also manifested in property relations between spouses; while in the territory of the Czech countries this area was based on the dispositively applicable legal system of separate property of spouses, in the territory of Slovakia and Carpathian Ruthenia Russia two dispositive systems operated side by side, namely the system of separate property and the co-acquisition system, which were derived from the previous status arrangement of society. The solution to the legal dualism, which brought with it many problems, was supposed to be a legal arrangement that would be applied uniformly throughout the territory. After many discussions, the unification work took the path of a moderate revision of the provisions of the ABGB, while in this process the specific legal conditions of Slovakia and Carpathian Ruthenia were considered. The study follows the unification work in the field of civil law mainly on the basis of the discussions of experts who participated in the drafting of the Civil Code and the basic documents that were their results, while paying particular attention to the activities of the Slovak professional public, led by the Ministry of Unification and the Slovak Commission for the civil law as well as other experts who fought for the preservation of the institution of co-acquisition in the interwar period.

The study deals with an important Slovak lawyer, university lecturer and writer Anton Vavrinec Ottmayer who lived and worked in the capital of the Hungarian Kingdom for the first two thirds of the 19th century. The paper deals mainly with the lesser-known aspects of his career, in particular his scientific career within the Faculty of Law, where he was Dean for two years (1832–1834). He lectured on statistics, mining law and also published on the law of substitution. His literary works were written in Slovak, his professional legal works in Latin and German. In addition, he worked as an attorney and agent (lawyer) at the military court. In 1849 he was accused of insulting the majesty by the Austrian authorities, he was convicted and spent one year in prison. This put an end to his previous university career and he therefore started his own business. His aim was to build a waterworks in Pest. His activities were not always successful, he lost his house at auction and tax lawsuits were also brought against him. To this day, it is not entirely clear exactly when he died. Ottmayer’s life well documents the developments of Hungarian capital, the existential dilemmas, professional and political challenges for lawyers at the time. It also documents the university world and the professional issues that resonated in the professional press of the first half of the 19th century.

The abuse of Article 48 of the Weimar Constitution during the late presidency of Hindenburg has been criticized in many previous studies as one of the key factors of the collapse of the Weimar Republic that led to the establishment of the Third Reich, resulting from the lack of understanding of the parliamentary democracy. Whereas those criticisms have arisen primarily from the analysis of the consequences, this paper analyzes the issue of the executed presidential emergency powers with an integrative approach by comparing the arguments by Preuß, the drafter of Article 48, and Schmitt, taking into account the perspectives of members of the constitutional assembly as well as their contemporaneous intellectuals. While Preuß and Schmitt may appear generally contrastive in their beliefs and theories, some implicit logical agreements are observed, such as those on their interpretations of the relation between the first and the second sentences in Article 48, paragraph 2, and their thoughts regarding the handling of the law of the Reich that should be in Article 48, paragraph 5. With the findings of their commonalities and others in their theories, this paper attempts to contribute to refining the current systems of law and democracy for emergency situations in various contexts.

The aim of the article is to present deeds relating to the foundation of the Altar of the Holy Cross in the cathedral church in Litomyšl. The main source on the topic is an original deed issued by Šimon of Prague, vicar general and officialis of the Bishopric of Litomyšl, dated 27 November 1417, written by the public notary Havel Duchek of Lysá. The document is deposited in the State District Archives in Svitavy, seated in Litomyšl, under inventory number 34. In 1397, Jan, called Mladeč of Branná, bequeathed the sum of one hundred schock of groschen to the cathedral church in Litomyšl for the foundation of a new altar for the salvation of his soul. He was already ill by this time. On 16 June 1402, Bishop of Litomyšl Jan IV. Železný issued a deed which created a new altar benefice in the cathedral church in Litomyšl. Jan Mladeč had already passed away. The executors of his last will were Bishop of Litomyšl Jan IV. Železný and Petr and Přibík, brothers of Hrochův Týnec, otherwise from Chroustovice. This follows from a joint deed issued by all three on 18 April 1405. The conditions to be met by the holder of the altar benefice were laid down therein. He was to perform his duties personally or through another suitable priest, and a statement is made on precisely how many masses were to be celebrated during the week. The study is accompanied by an edition of four deeds relating to the foundation of the altar: a deed of 16 June 1402, a deed of 18 April 1405, a notarial copy of both deeds drawn up on 16 May [1405, 1406 or 1408], and a notarial copy of the latter deed drawn up on 27 November 1417.

The aim of this article is to highlight certain aspects of the application of Constitutional Act No. 74/1946 on the granting of citizenship to compatriots returning to their homeland, and to present some of the research brought to light from archival collections of the post-war Ministry of Labour and Social Welfare and of the Czechoslovak Foreign Institute. The article points out that remigration under article 1 of the above-quoted Constitutional Act was not merely a privileged naturalization as was remigration under article 2 – compatriots were legally entitled to citizenship. Attention is paid especially to the contemporary extensive interpretation, which we could capture through the maxim in favorem remigrationis. Hence, for example, the legal terms “liberation of Czechoslovak territory from enemy occupation” and “Czechoslovak resettlement action” used to be interpreted remarkably broadly in the administrative practice of the post-war republic. In addition, the study reflects on the concepts of nation that have been crucial in determining the state’s policy on compatriots and remigration, and it looks for parallels with the recent compatriot policy of the Government of the Czech Republic.

Book review on VANÍČEK V. – KOTOUS J. (eds.). Posunuté jubileum. 1050 let od založení pražského biskupství. Praha: Nakladatelství Lidové noviny, 2024, 500 s.

This essay offers a framework for understanding the change that occurred in the contacts between Jews and Christians between the latter decades of the Ottoman Empire and the early decades of the Turkish nation-state. Through analysis of a legal translation from Ottoman Turkish into Ladino from the early 1880s and a journal article in Ladino on a shared Jewish-Greek sports activity in the late 1940s, it shows how Jewish elites perceived Greeks and Armenians as role models because of their strong integration in Ottoman state and society and, later,the power of the local Christians became closer to that of the Jews, expanding. the possibilities for cooperation between the two minorities. [ABSTRACT FROM AUTHOR]

During the commercial revolution of the Middle Ages, the monetisation of economy gave rise to a series of cultural, legal and social challenges to the commonly accepted Aristotelian background. In this dynamic context, new forms of trade and contracts emerged, affecting not only commercial doctrines but also financial theories. In this framework, Franciscan economic speculation played a major role by analysing social realities with an entirely original pragmatism. Through his monetary reflection, Alexander Bonini not only gave a surprising explanation of the 'forms of money' but also praised the activity of the money-changers, considering their service (and related costs) fundamental to the realisation of a common benefit. His thought-provoking synthesis introduced many themes of the modern monetary doctrines. The article contains the first English translation of some crucial passages of the Bonini's treatise On Usury (De Usuris). [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cadernos de Dereito Actual is the property of Asociacion Xuristas en Accion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Book review on GROTIUS, H. Moře jsou svobodná. Praha: Karolinum, 2023, 108 s.

Book review on HOŘEJŠ, M. Nacistická germanizační a osídlovací politika v Protektorátu Čechy a Morava. Praha: Karolinum, 2023, 431 s.

In the article, based on formal-logical, comparative, and historical-genetic methods of cognition, the author presents their own view on the foundations of an interdisciplinary scientific field — digital legal history: its scientific status, subject, sources, goals, tasks, and methodology. Digital legal history is a part as the history of law and the digital humanities. While remaining within the disciplinary subject of legal history (history of state and law), digital legal history methodologically intersects with informatics, studying historical legal sources using digital technologies and tools. At the core of the methodology of digital legal history lies the source-oriented paradigm (phenomenological concept of cognitive history and source studies method) and specialized digital research methods, which are combined with traditional principles, approaches, and techniques of legal historical research. The article also discusses the problems of sources in historical-legal research, the circle of which expands in digital legal history and includes any carriers of historical-legal information (data). The need to develop new competencies for researchers in the field of digital legal history, and the formation of a corresponding scientific and educational environment and infrastructure are highlighted. The conclusion is drawn that digital legal history, as an interdisciplinary scientific field, is transitioning from the stage of its genesis to institutionalization.

The article explores legal medieval iconography in its inextricable connection with the religious ideas of the time and ecclesiastical settings reflected in the canon law, theology, and hagiography. The first steps in this direction were taken only in the beginning of the 21st century, even though the iconic turn in historical research has been discussed for decades. Nevertheless, recent publications on legal medieval iconography still come from the pen of art historians, philologists, or literary critics, but not legal historians. As a result, the analysis of the content of these images is often replaced by mere descriptions. The author offers quite a different approach. Instead of studying miniatures and marginalia only as illustrations to the text to which they are formally attached, she attempts to relate the content of these images with medieval religious ideas. Such a turn of study necessitates references to ecclesiastical texts, and in each individual case, as the author accentuates, it requires a distinctly specific source. Thus, the analysis of the miniature from the “Coutumes de Toulouse” (end of the 13th c.) requires the reference to the Decretum of Gratian and the Liber sextus of Boniface VIII, according to which the artist interpreted the degradation of clerics. The marginalia from the “Coutumes de Bordeaux” (1438), which illustrates the death sentence imposed on thieves, recalls the doctrine of atonement developed by Anselm of Canterbury. The image of the Virgin Mary in the scene of fox Renard’s hanging from the Smithfield decretals (second half of the 14th c.) refers to the ideas of the parasudic procedure liberatus a suspendio, repeatedly described in Marian hagiography. The treatise of French theologian Jean Gerson “Requête pour les condamnés à mort” (end of the 14th c.) should be considered as a starting point for changing the iconography of the death penalty in the next century. In general, as the author concludes, the comparison of medieval legal images with the works of canonists, theologians and hagiographic writings allows not only to understand the deeper meaning inherent in miniatures, but also to clarify the dating of manuscripts, the principles of the artists’ work and their relations with clients. Статья посвящена проблеме современного изучения правовой средневековой иконографии. Автор отмечает, что первые шаги в этом направлении были сделаны лишь с началом XXI века, несмотря на то, что об иконографическом повороте в исторических исследованиях говорится на протяжении многих десятилетий и упоминается он уже в трудах Якоба Буркхардта, Аби Варбурга и Эрвина Панофского. Тем не менее, публикации последних лет, в которых рассматриваются иллюстрации правового содержания из средневековых юридических и иных кодексов, до сих пор выходят из-под пера искусствоведов, филологов или литературоведов, но отнюдь не историков права. Как следствие, во многих случаях анализ содержания данных изображений подменяется их описательностью. Автор статьи предлагает свой подход к данному материалу и настаивает на необходимости отказа от его изучения лишь в качестве иллюстраций к тексту того или иного письменного источника, к которому он формально прилагается. Один из вариантов изучения средневековых миниатюр и маргиналий видится автору в попытке связать их содержание с современными им религиозными представлениями людей Средневековья, отражение которых находится в сводах канонического права, авторских трактатах, популярной житийной литературе. В статье последовательно рассматривается несколько миниатюр и маргиналий, взятых как из правовых кодексов, так и из хронистики. Их сопоставление с трудами канонистов (Грациана и Бонифация VIII), теологов (Ансельма Кентерберийского и Жана Жерсона), агиографических сочинений (прежде всего марианского цикла) позволяет не только установить более точное время появления некоторых из этих изображений, но и понять, как именно работали художники, чьи заказы они исполняли, какие именно религиозные идеи нашли отражение в их иллюстрациях.

Abstract Hostilianus ‘Augustus’: the prompt dedication of the city of Keramos in Caria An inscription from Keramos in Caria was placed in honour of Hostilianus during the archontate of the archiater Marcus Aurelius Valens Polites. The document – which has aroused a fair amount of interest among historians of ancient medicine, while in the sphere of ancient history studies it has curiously gone almost unnoticed – deserves particular attention, also considering the relative paucity of data we possess on this emperor and the uncertainty, still present today, regarding some crucial aspects of his albeit ephemeral reign. Inserted within the complex and variegated chronological framework of the events of the wars of the 3rd century A.D., the epigraph is actually located in a very important ‘interstitial’ space and allows us to formulate some reflections on the logic of succession to power and on dynastic and ‘paradynastic’ strategies, since both Herennius Etruscus as well as Gallus and Volusianus are absent from Keramos’ text, while Hostilianus is defined Augustus and ‘son’ of the not-yet divus Augustus Decius.

Abstract Neither ἰατρίνη nor μαῖα: the «special» knowledge of the iatromaea/ἰατρόμαια Especially in the last thirty years both the ἰατρίναι/medicae and the μαῖαι/obstetrices have received particular attention from scholars both for a more precise framing of these female «professions» within activities that are not exclusively manual but also intellectual, and in order to reconstruct the legal status, the possibilities of social affirmation and the opportunities of economic income of these two specific professional profiles. The subject of analysis here is a figure in its own right, that of the iatromaea/ἰατρόμαια, a term attested by very rare epigraphic mentions in Latin and Greek, absent from the databases of papyrus texts and a veritable hapax in literary testimonies. After reviewing the inscriptions that certify the existence of this word and the hypotheses formulated by moderns regarding its possible meaning, the paper attempts to trace the professional profile of this specialist, identifying, through a comparison with the sources, similarities and differences with the other types of therapists and making an interpretative proposal in conclusion regarding the specific knowledge and skills of the iatromaea/ἰατρόμαια.

Abstract Amat bonus otia Daphnis (Verg. Ecl. V 61). The ideal of concordia in Eclogue V The concept of concordia plays a key role in the political debate among Virgil’s contemporaries. Virgil himself highlights the role of discordia in Ecl. I 71 and makes concordia the tenet of Eclogue IV (Ecl. IV 46-47). Celebration of peace brought by the new god Daphnis in Eclogue V is couched in terms of concordia as well, as it is pointed out both by the Homeric source of Il. XXII 262-263 on the impossible ὁμοφροσύνη among animals and by the model of Lucretius’ apotheosis of Epicurus, which is significant in that Lucretius deems Epicurus’ doctrine as the means by which sapientes might live together according to the original sense of amicitia and concordia. Moreover, people gathering around Daphnis’ cult as if they were mystery initiates emphasizes the role of community in the eclogue – not least, mystery language is exploited also in Epicurean tradition. Analogies and differences between the iuvenis deus of Eclogue I and Daphnis sharpens the gulf between the two eclogues: in the former, the community of cives is distraught because of discordia, and Tityrus is the only one to enjoy the benefits of the iuvenis deus; by contrast, the latter celebrates a close-knit community worshipping Daphnis in concordia.

Abstract Democracy, or what everyone is worth (Thuc. II 37, 1) The paper addresses two exegetical problems in a passage from the speech of Pericles (Thuc. II 37, 1). It is argued that the word μέρος probably means «rotation» rather than «class-affiliation», since in this way three successive phrases, instead of being tautological, form an elegant system of affirmations, each of which is precising the previous one. The words ἀξίωσις and ἀξίωμα are opposed as signifying the process of acknowledgment of ἀρετή and the result of it (be it gaining authority, recognition of merits, appointment to a post, or simply approval of a proposal in an assembly). If ἀξιώματος depends from κεκώλυται and not from ἀφανείᾳ, ἀφάνεια need not have the meaning «absence», which seems not characteristic of it.

Abstract A little-known Athenian financial magistracy: the poristai The essay examines the role of the poristai, a financial magistracy that functioned in Athens between the 5th and 4th centuries BC, and to which scholars have devoted scarce attention. The importance that Athens ascribed to the poroi was a central factor in its politics from as early as the 5th century. Management of the Athenian economy underwent a series of substantial changes from the end of the Peloponnesian War onwards, and since the state required increasingly specialized financial management skills, these authorities seem to have played a prominent role. The difficult economic situation that ensued from the Sicilian defeat of 413 had necessitated the creation of this unusual board of magistrates known as the poristai, whose unusual task was most likely that of administering public funds and state revenues. This essay focuses on references to the board in ancient sources, and on the often ‘technical’ use of the verb porizo, in order to shed light on the functions and identity of some of these magistrates, and on the possibility that this initially anomalous office gradually gained a permanent status during the 4th century.

Abstract Tyrant Pericles. Approach to the management of the health crisis during the plague of Athens (430-426 BC) The aim of this paper is to analyse the political and religious consequences of the Athenian plague of 430 BC. Regarding the political aspects, the work is focused on the popular judgement on the epidemic’s management and the consequent Pericles’ loss of political prestige. Moreover, the paper concludes that this popular response leads to the adoption of religious measures such as the introduction in Athens of Asclepius’ cult (421 BC). The facts mentioned above provide an alternative point of view of Thucydides’ epidemic main account.

Abstract Through four case studies I discuss the importance and frequency of the appearance of weapons (an important element of epic imagery) in funerary poetry, and its relation to representations of arms on gravestones and monuments in the Hellenistic period, geographically ranging from Lycia and Caria to the Black Sea, from mainland Greece to the Aegean islands. One of the most common features of poetic epitaphs for soldiers (including citizens, mercenaries, and soldiers belonging to royal armies) is the celebration of the military valor (arete) of the deceased; on the other hand, except for the spear, weapons are not mentioned often in funerary poetry. When they are not mentioned in the epitaph, or when an epitaph is not present, weapons are sometimes represented on the funerary monument itself, in the form of reliefs or paintings, either in the context of a battle scene, or carried by the standing deceased, or simply as isolated objects, as symbols of his profession or social rank in life.

The publication is a continuation of the author’s studies on the history of judicial law of revolutionary France, with the author seeking to shed light on the sometimes underestimated first French criminal codification, adopted by the National Assembly in 1791. The researcher’s interests focus on the regulations determining the system of penalties adopted in the codification. Although the author’s dominant research method is exegesis of the normative text in the formal-dogmatic convention, the instruments of comparative legal studies have been used as well. Confronting the provisions of the code with the doctrinal assumptions and demands of the Enlightenment, the author seeks to show the complexity of multifaceted issues and specificity of the realities of revolutionary legislators, which necessitated compromises that are controversial for some researchers. Regardless of the critical remarks that have often been made about the French legislators, it is impossible to underestimate the crucial importance of the Code for the development of a European legal culture, which the author has tried to demonstrate by emphasising the pioneering nature of the law from the point of view of the development of new legal institutions.

Tadeusz Matuszewicz was a politician, civil servant, and statesman. He lived at the turn of the 18th and 19th centuries, taking part in several important events of this period, the most significant of which were participation in the drafting of the Constitution of 3 May 1791 and its adoption, and holding the post of the Minister of Treasury both in the Duchy of Warsaw and the Kingdom of Poland. He also took part in the Civil Reform Committee, which prepared changes to the administrative system. The details of Matuszewicz’s biography should therefore illuminate a number of public and legal issues of the era. The reviewed book of Dominika Rychel-Mantur is intended as a biography of Matuszewicz’s public activities. In fact, it only slightly expands the knowledge concerning some aspects of Matuszewicz’s life between 1809 and 1815. Other public activities are either omitted or superficially elaborated. The author did not use the basic archival sources and omitted important pieces of literature on the subject. Many of the findings presented against the source materials used turn out to be untrue due to their misunderstanding or misreading. Unfortunately, Dominika Rychel-Mantur’s book can hardly be regarded as successful.

As head of the Editorial Committee of the Pamiętnik Literacko-Naukowy (Science and Literature Memoir), a magazine of the university camp in Grangeneuve (later Fribourg), Adam Vetulani conducted correspondence with General Bronisław Prugar-Ketling on the subject of creating a publication marking the 650th anniversary of the establishment of Switzerland. While he was preparing a selection of texts to be published in Polish, he sent a translation of the Swiss Confederation Act of 1291 to his commander. As Vetulani indicated, it was the first translation of that document into the Polish language. Unfortunately, as described in the present text, the publication did not come to pass and, therefore, neither did the translation of the Bundesbrief of 1291. The only copy discovered so far can be found in the collections of the Central Military Archive in Warsaw.

This article delves into Leon Piniński’s academic sympathies and aversions, as manifested in his contributions to Przegląd Polski through the posthumous memoirs of Rudolf von Jhering and Bernhard Windscheid. A shared interest in Roman law and possession as a subject of research interest served as a common ground between Piniński and the memoir protagonists during a certain phase of their academic careers. The 19th-century German legal landscape witnessed a polarization of perspectives on possessio, with Savigny and his followers (including Windscheid) on one side and Jhering on the other. This dichotomy captivated Piniński, leading to his exploration of the subject and the development of his unique concept of possessio. During his foreign sojourns, Piniński wrote a German-language monograph titled Der Thatbestand des Sachbesitzerwerbs nach gemeinem Recht, a work yet to be translated into Polish. The evaluations of Jhering’s and Windscheid’s scholarly output were primarily based on Piniński’s views on the nature of possessio. Additionally, the article paints an intellectual tableau of an era whose accomplishments in the realm of legal research continue to hold relevance in contemporary discourse.

Legal archaeology is a relatively young scientific field. Its subject of research concerns objects which once fulfilled specific functions in everyday legal life of the society. Legal archaeology has been the subject of lectures at Polish universities for many decades. The author attempted to define the scope of teaching this subject, taking into account the experience of different historians of law who conduct such lectures. The author analyzed selected conceptions of teaching legal archaeology. As a result, she indicated which old buildings, devices, tools, and other items, including official uniforms, insignia, and attributes of public authority, are best suited to the presentation of old places and methods of lawmaking and law enforcement. She concluded that lectures on legal archaeology serve to broaden the general humanistic and social knowledge of students, as well as shape their civic and patriotic behaviors.

This study is the first analysis of Wrocław’s fire regulations from 1602 and 1630. The origin of such acts can be derived from medieval city council regulations. One of the oldest dates back to March 19, 1324. Over time, the originally laconic sets of provisions evolved into multi-faceted fire protection regulations, which included issues concerning the organization of fire protection, fire alarms, fire tools, water supply and extinguishing methods. Both documents have a similar structure and content, as the one from 1630 is an amendment to the act of 1602. The main difference concerns the regulations related to the military defense of the city, which appeared for the last time in 1602. These documents were continued with amendments from 1751, 1760 and 1777, later replaced by regulations of state authorities.

The crime of pedophilia, as a separate type of prohibited act, appeared in Poland together with the criminal codes of the partitioning countries. These provisions were in many cases very casuistic, providing a different standard of protection for minors. The Criminal Code of 1932 introduced a uniform standard of protection through the provision of Article 203 penalizing the act of fornication with a minor. The author discusses not only the provisions of the partitioning codes and the Polish Criminal Code of 1932 relating to the crime of pedophilia, but also points to the conflict of these provisions with the provisions of the marriage law in force in Poland, which in some cases allowed children under 15 years of age to marry.

This article examines the relationships related to marriage and family in the countries of the Ancient East. Their specifics in Ancient Egypt, Babylon, Ancient India and Ancient China are presented. Their study makes it possible to reach the genesis and trace and better explain the development of marriage and family relations. [ABSTRACT FROM AUTHOR]

This article is devoted to the place and role of the discipline “History of the State and Law” in the system of legal education. It provides an opportunity not only to acquire in-depth knowledge in the field of the historical development of the state system and legal regulation, but also provides a basis for awareness of the contemporary state-legal situation. The study also allows to predict the further development of the state and the law. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Constitutional History / Giornale di Storia Costituzionale is the property of Giornale di Storia Costituzionale (Journal of Constitutional History) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Erciyes Üniversitesi Hukuk Fakültesi Dergisi is the property of Erciyes University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the history of the pre-state Zionist judiciary, focusing on Sammy Gronemann's instrumental role as its high judge and chief architect from 1911 to 1946. In doing so, it addresses a significant gap in existing research. Despite extensive attention that has been paid to his contributions to German and Hebrew literature, Gronemann's legal profession and judicial endeavors within the World Zionist Organization (WZO) have been largely overlooked in academic discourse. To provide context and illuminate Gronemann's influential role, the first section of this article offers a concise historical account of the pre-state Zionist judiciary's genesis. The second section delves into Gronemann's disillusionment and suppressed critique of the WZO's democratization initiatives. This is evident in his private writings, including a hitherto unknown letter correspondence with Theodor Heuss, the first president of West Germany. The exploration undertaken unveils the moral authority of Gronemann as representative of the institutionalized Zionist conscience, a role he embodied as the chief judge and architect of the Zionist pre-state judiciary. [ABSTRACT FROM AUTHOR]