scholarly journals Poglądy legislatorów Polski stanisławowskiej na zasadę równości w projektach reform praw kryminalnych

Prawo ◽  
2017 ◽  
Vol 324 ◽  
pp. 115-128
Author(s):  
Paweł Wiązek

From the history of criminal law thought in Poland of King Stanislaus’s era: legislators’ polemics over the principle of equality in criminal law in an estate countryThe article is devoted to the reform of criminal law in 18th-century Poland and is one of the effect of many years of research in the field. In analysing selected views, draft legislation and legal regulations from the reign of the last king of Poland, the author focuses on the polemic surrounding the principle of equality in criminal law in an estate country. At the same he tries to note similarities and differences in the views of legislators of the Enlightenment period, exploring the reasons for and the nature of the divergencies in their positions.Die Ansichten der Gesetzgeber der Poniatowski Zeit betreffend den Grundsatz der Gleichheit in den Reformprojekten der KriminalrechteDie Publikation ist der Problematik der Reform des Strafrechtes in Polen im 18. Jahrhundert gewidmet und stellt ein Teilergebnis vieljähriger Untersuchungen in diesem Bereich dar. Bei der Analyse ausgesuchter Meinungen, legislativer Entwürfe und rechtlicher Regelungen aus der Regie­rungszeit des letzten Monarchen der Republik Polen vor den Teilungen konzentriert derVerfasser seine Aufmerksamkeit auf der Polemik um den Grundsatz der Gleichheit im Strafrecht in den Rea­lien des Ständestaates. Der Verfasser versucht gleichzeitig Ähnlichkeiten und Unterschiede in den Ansichten der Gesetzgeber der Aufklärung zu finden, indem er Ursachen und den Charakter der eventuellen Abweichungen sucht, die in ihren Meinungen auftreten.

2020 ◽  
Vol 10 (4) ◽  
pp. 231-244
Author(s):  
S.N. Shishkov ◽  
E.V. Makushkin ◽  
E.G. Dozortseva ◽  
V.D. Badmaeva ◽  
E.V. Nutskova

The problem of juvenile criminal responsibility /liability, minimum age, and measures of influence for juvenile offenders is relevant and often becomes the subject of public discussion. However, very little is known about the history of criminal law attitudes towards minors in Russia. The purpose of the article is to analyze the development of this relationship from the beginning of Russian statehood to the 18th century. It is shown that at the initial stage in the practice of applying the criminal law to children and adolescents, the traditions of Roman law were traced, however, there was practically no legislative differentiation of adult and juvenile offenders. The turning point was the 18th century, at the beginning of which the need for such differentiation became apparent, and at the end it was implemented along with certain humanistic tendencies that reflected the ideas of the Enlightenment in Europe, including the creation of special courts to consider juvenile crimes.


2014 ◽  
Vol 3 ◽  
pp. 166-182
Author(s):  
Iryna Tsiborovska-Rymarovych

The article has as its object the elucidation of the history of the Vyshnivetsky Castle Library, definition of the content of its fund, its historical and cultural significance, correlation of the founder of the Library Mychailo Servaty Vyshnivetsky with the Book.The Vyshnivetsky Castle Library was formed in the Ukrainian historical region of Volyn’, in the Vyshnivets town – “family nest” of the old Ukrainian noble family of the Vyshnivetskies under the “Korybut” coat of arm. The founder of the Library was Prince Mychailo Servaty Vyshnivetsky (1680–1744) – Grand Hetman and Grand Chancellor of the Grand Duchy of Lithuania, Vilno Voievoda. He was a politician, an erudite and great bibliophile. In the 30th–40th of the 18th century the main Prince’s residence Vyshnivets became an important centre of magnate’s culture in Rich Pospolyta. M. S. Vyshnivetsky’s contemporaries from the noble class and clergy knew quite well about his library and really appreciated it. According to historical documents 5 periods are defined in the Library’s history. In the historical sources the first place is occupied by old-printed books of Library collection and 7 Library manuscript catalogues dating from 1745 up to the 1835 which give information about quantity and topical structures of Library collection.The Library is a historical and cultural symbol of the Enlightenment epoch. The Enlightenment and those particular concepts and cultural images pertaining to that epoch had their effect on the formation of Library’s fund. Its main features are as follow: comprehensive nature of the stock, predominance of French eighteenth century editions, presence of academic books and editions on orientalistics as well as works of the ideologues of the Enlightenment and new kinds of literature, which generated as a result of this movement – encyclopaedias, encyclopaedian dictionaries, almanacs, etc. Besides the universal nature of its stock books on history, social and political thought, fiction were dominating.The reconstruction of the history of Vyshnivetsky’s Library, the historical analysis of the provenances in its editions give us better understanding of the personality of its owners and in some cases their philanthropic activities, and a better ability to identify the role of this Library in the culture life of society in a certain epoch.


2006 ◽  
Vol 14 (4) ◽  
pp. 523-536 ◽  
Author(s):  
LORRAINE DASTON

Since the Enlightenment, the history of science has been enlisted to show the unity and distinctiveness of Europe. This paper, written on the occasion of the award of the 2005 Erasmus Prize to historians of science Simon Schaffer and Steven Shapin, traces the intertwined narratives of the history of science and European modernity from the 18th century to the present. Whether understood as triumph or tragedy (and there have been eloquent proponents of both views), the Scientific Revolution has been portrayed as Europe's decisive break with tradition – the first such break in world history and the model for all subsequent epics of modernization in other cultures. The paper concludes with reflections on how a new history of science, exemplified in the work of Shapin and Schaffer, may transform the self-image of Europe and conceptions of truth itself.


Author(s):  
Z. Tulibayeva ◽  

The article analyzes information on the history of the Golden Horde, contained in the seventh article of historical work of Abū al-Gāzī khan Chīngīzī Khvārazmī the Shajara-yi turk va mugūl, which is one of the most significant monuments of Turkic written heritage. The purpose of the study is the introduction into scientific circulation of a new translation of valuable material on the history of the Chingizids. The work Shajara-yi turk va mugūl is well known to scientists as the text of the manuscript. Its translations have been being published numerously in European, Asian countries, and in Russia since the second quarter of the 18th century. Translations by J. J. P. Desmaisons and G. S. Sablukov into French and Russian published in 1874 and 1906 are still recognized by scientists to a certain extent acceptable for critical use. However, it should be emphasized that in the text of these two publications, there are some errors and semantic distortions of the source’s text. In this regard, the article provides a commented translation of the seventh chapter of Abū al-Gāzī khan’s work under the title “Mention of the reign of Jochi Khan, the eldest son of Genghis Khan, and his descendants in Desht-i Kipchāk”. The comparative-critical analysis of the information of the Shajara-yi turk va mugūl with the data of the works of Rashīd ad-Dīn, Mu’īn al-Dīn Natanzī, Mirza Ulūgbek, Fasih Ahmad al-Khawāfī made it possible to reveal the similarities and differences in the account of the historical events described by the authors. Abū alGāzī khan, using extant sources, supplemented the history of the rulers of the Golden Horde with individual facts; the Khiva work contains information missing from other authors.


2016 ◽  
Vol 11 (2) ◽  
pp. 279
Author(s):  
Katarzyna Maćkowska

CRIMES AND PUNISHMENTS IN LEGAL REGULATIONS OF NEW ENGLAND COLONIES IN THE 17TH CENTURY Summary The subject of this article pertains to a colonial criminal law of New England colonies in 17th century. There are few studies on this matter, however the dominating aspects relates to a history of constitutional solutions. Comparison between normative aspect and examples of their application undoubtedly confirms some undemocratic background of colonial life. Moreover, contemporary interest in historical sciences seems to be increasing what should be sufficient reason for refreshing the older researches. Although New England colonies were founded under specific circumstances implied by relation between state and religion, they manager to set up a public system of criminal law. Nonetheless, colonists, while mainly focused on constitutional basis for their self-government, they used English and biblical paradigms for criminal regulations. One may find, however, that colonial documents consisted of rules describing a meaning of selected crimes and created relatively systematic catalogues. Detailed problems here analyzed are as following: general features of colonial criminal laws, crimes against a state and a government, against religion, against an individual and a property, against a family, crimes connected to administrative indications and selected instances of penalties.


Author(s):  
Asta Vaškelienė

The Regulation of the Lithuanian Piarists for provincial education Methodus docendi pro Scholis Piis provinciae Litvaniae (Vilnius, 1762) should be considered as the main document showing the changes in education of the Enlightenment era, announced prior to the establishment of the Board of Education, a secular institution of education. That is an important source of the Lithuanian science history of the 18th century, opening a relevant contextual panorama of cultural processes, illustrating the intersection of the values of the Baroque and the Enlightenment. The study Methodus docendi pro Scholis Piis provinciae Litvaniae deals with the specifics of daily routines which shows obvious following of Ordinationes Visitationis Apostolicae (Warsaw, 1753 [1754]–1755) prepared by Stanisław Konarski. As it can be noticed, many of the aspects of the school routine (such as the necessity to start lessons in time and not waste the time for frivolous talking, relationship between the students and teachers, personal hygiene, proper physical condition, behaviour of students at school and outside it) in the Regulations for provinces of Lithuania are defined much more laconically. The attitude to go ad rem was determined by the goal to have a document with the scope and precise presentation of the subject which could be smoothly used in daily practice. On the other hand, the differences, such as elimination of the paragraph on temperance (not mentioning the whole chapter), shows that the Lithuanian adaptation was not word-for-word (or mind) following and that only the issues that were really significant for the developers were taken over. The actualisation of the daily posture shows the efforts of the Piarists monkhood to respond to the changes of the time, to implement the principles of education covering the overall upbringing of a person. Keywords: Piarists, etiquette, household routine, teacher, student, drinking, Enlightenment, Grand Duchy of Lithuania (the 18th century).


2021 ◽  
Author(s):  
Andrzej Pieńkos

An unconventional look at the Enlightenment, the beginnings of modern thought on nature and discovery journeys in Europe and beyond. The author brings to light little known facts from the history of art education, scientific exploration of mountains, glaciers and distant seas in the 18th century. He analyses works and attitudes of renowned artists (Goethe, Turner), as well as completely forgotten painters and graphic artists from numerous countries. He brings to light curiosities in the history of culture and makes them meaningful signs of changes in mentality and artistic creation (e.g. the first glacier explorations, onboard painters on captain Cook’s ships, early “out of town excursions” with a sketchbook).


2009 ◽  
pp. 449-467
Author(s):  
Roberto Bordoli

Starting from a passage of Adam Steuart's refutation of Descartes' Notae in programma quoddam, this essay reconstructs the debate on the innate idea of God in infants (incorrectly attributed to Descartes by Steuart, who was a Calvinist) that took place in Lutheran-oriented philosophy and theology between the end of the 16th and the middle of the 18th century. It is shown that one of the most common questions in modern philosophy is closely connected with theological thinking - in this case Lutheran - from the formulation of the dogmatic systems up until their criticism by the Enlightenment. Also explained is the way in which the reception of Cartesianism was singularly influenced by the various backgrounds and the different and continuously changing polemical goals that inspired each author. In fact, Descartes was even accused of being a Lutheran.Key words: History of modern philosophy, History of Protestant theology, History of Cartesianism, History of Lutheranism, Reception of Cartesianism.


2019 ◽  
pp. 21-34
Author(s):  
Agnieszka Jakuboszczak

Francis Xavier of Saxony, the son of Augustus III, Elector of Saxony and King of Poland, left a very extensive correspondence, which has been preserved until our times in the Departmental Archives in Troyes. The collection constitutes a very important source for the history of everyday life and the history of education of aristocracy in the 18th century. A part of the collection is available in the electronic version on the website of the Archives. Numerous children of the Prince, the sons, as well as daughters, obtained the education suitable for the royal family – comprehensive, competent, pursuing the spirit of the Enlightenment. The period of pursuing knowledge by the children of Francis Xavier was not the time of severing the ties with the parents. The relationships between the father and his sons and daughters were lasting and became more intense in the course of time. Carefully selected tutors and governesses were a very important link between the Prince and his wife and the children. Preceptors not only controlled the educational progress, but also every aspect of daily life, especially of the girls. The Prince expected detailed reports which facilitated control over the adolescent boys and girls, for whom best matches for marriage were being arranged. A complex world of relationships of Francis Xavier’s family completes for us the picture of everyday life of the ruling families, so often confined by the tight restraints of the ceremonial.


Author(s):  
Claire Brizon

Based on three case studies of artifacts from 18th century collections preserved in Swiss cultural institutions, I attempt to rethink the use of the word "colonial" before the 19th century, and to apply it to describe collections from the modern period. I attempt to shed light on how these collections could be exhibited to provide critical perspective on these artefacts and the stories they are allowed to tell, in view of the upcoming exhibition entitled Exotic Switzerland? A Global History of the Enlightenment to open in 2020 at the Palais de Rumine in Lausanne.


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