scholarly journals O ROLI PRAWA RZYMSKIEGO W DAWNEJ RZECZYPOSPOLITEJ W ŚWIETLE „KURSU PRAWA CYWILNEGO POLSKIEGO” ALEKSANDRA MICKIEWICZA Z 1829 ROKU

2016 ◽  
Vol 15 (2) ◽  
pp. 161 ◽  
Author(s):  
Sławomir Godek
Keyword(s):  
Canon Law ◽  
German Law ◽  
Legal Culture ◽  
Roman Law ◽  
General Idea ◽  
Medieval Chronicles ◽  
Royal Courts ◽  
Polish Law ◽  
Academy Of Sciences ◽  
The Impact

Roman Law in Poland-Lithuania in the Light of Aleksander Mickiewicz’s 1829 Lecture on Polish Civil LawSummary The Polish Academy of Sciences library collection at Kórnik holds a manuscript with a lecture on Polish civil law and its history delivered by Aleksander Mickiewicz in 1829 at Krzemieniec School. This lecture provides us with a general idea of Mickiewicz’s views on the impact of Roman law on the development of Polish legal culture. Mickiewicz was rather critical of the views of Tadeusz Czacki, who had argued that Polish law was derived from Scandinavian law. Mickiewicz believed that Polish law under the early kings and princes of the Piast dynasty was a native creation, though subject to limited influence from Roman and German law. He held that Roman law originally came to Poland through canon law, but its influence was superficial. It was manifest in proceedings in the royal courts and in the borrowing of certain terms, which were sometimes used to designate purely indigenous legal institutions. This was also true of the usage of Roman terminology in Polish medieval chronicles. Mickiewicz saw the Roman elements in the 14th-century Statutes of Casimir the Great as an erudite display by their authors or as later additions to the original collection. Mickiewicz also devoted much attention to Lithuanian law. In particular, he showed that the Lithuanian Statutes were subject to the influence of many foreign systems of law including a number of elements borrowed from Roman law (wills, disinheritance, the penalty for parricide). Mickiewicz was convinced that Roman law appeared in the Grand Duchy at the same time as German law, and in connection with Lithuanian peregrinations for study abroad.

scholarly journals DOPUSZCZALNOŚć WIELOŚCI MIEJSC ZAMIESZKANIA W PRAWIE NIEMIECKIM. WZORCE HISTORYCZNE

2016 ◽  
Vol 14 (4) ◽  
pp. 79
Author(s):  
Aldona Rita Jurewicz
Keyword(s):  
19Th Century ◽  
German Law ◽  
Roman Law ◽  
Legal Systems ◽  
The 19Th Century ◽  
The Impact ◽  
Bürgerliches Gesetzbuch

Permission for Multiple Places of Residence in German Law. Historical PatternsSummaryThe author uses a specific example, multiple residence under German law, to show the impact of Roman law on many of the modern European legal systems. The observations made by the editors of the German Bürgerliches Gesetzbuch (BGB) and the sources and literature they used show that Roman law was still relevant and universal in the 19th century, the age of the great codifications. Today, too, it is admissible under German law to have more than one residence and the issue is not controversial.

The impact of roman law on legal culture in Poland

Public Law ◽  
2019 ◽  
pp. 114-129
Author(s):  
Marzena Dyjakowska
Keyword(s):  
Legal Culture ◽  
Roman Law ◽  
The Impact

Roman Law in England Before the Time of Bracton

1975 ◽  
Vol 15 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Ralph V. Turner
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Law Students ◽  
Roman Law ◽  
Legal Systems ◽  
Norman Conquest ◽  
English Law ◽  
Legal Concepts ◽  
The Impact ◽  
To Receive

In Maitland's words, “Of all the centuries the twelfth was the most legal.” It was a time of growth for the great legal systems in the West: English common law, revived Roman law, and canon law. Students of medieval England have rarely concerned themselves with the question of the connection between these legal systems. For six centuries, from Bracton until the rise of modern legal history with Maitland, the study of English law was insular, ignoring the continental legal systems. When a seventeenth-century civilian wrote that “our common law, as we call it, is nothing else than a mixture of the Roman and the feudal,” he aroused the anger of Coke and the common lawyers. Recently scholars have taken such a view more seriously, and a number of studies have sought Roman or canonistic influences on English law. It might be useful, then, to reconsider the matter of the impact of Rome on English law in the light of recent scholarship, asking three questions: To what extent was Roman law known and studied in England before the time of Bracton? What influences, if any, do scholars find that it had on the legal innovations of Henry II and his sons? Why did the English fail to ‘receive’ Roman law in the way that countries on the Continent did?Any influence of Roman law in England during the centuries after the withdrawal of Roman legions and before the Norman Conquest can be dismissed quickly. Once Christianity was re-introduced to the island, the revival of Roman Law, or at least of some notion of Roman legal concepts, was possible.

scholarly journals Roman law in the period of profound changes in Polish science

2021 ◽  
Vol 72 (2) ◽  
pp. 199-218
Author(s):  
Wojciech Dajczak
Keyword(s):  
Traditional Approach ◽  
Roman Law ◽  
Private Law ◽  
Significant Implication ◽  
Legal Method ◽  
World Class ◽  
Polish Law ◽  
Polish Higher Education ◽  
The Impact

Separating Roman law from the theory of applicable private law inspires - from the beginning of 20th century – the questions pertaining to the meaning, aims, and methods of researching Roman law. This article analyses these issues in the context of the changes of the evaluation of research resulted from the Polish higher education and science act enacted in 2018. The core of this analysis is the comparison of the traditional understanding of the internationalization of the study of Roman law by Polish researchers and the understanding of world-class research according to the new Polish law. The tension between traditional approach of Romanists and bibliometric criteria of evaluation has significant implication for whether and how the Roman law should be studied and taught on the Polish faculties of law. The paper stresses the role of the impact of Polish researches of Roman law on the European debate about basic problems of private law and legal method today. The future of Roman law in Polish legal education interacts with today’s fundamental dispute about what is Western civilization and how it is to be understood.

Cases and the Dialectic

2019 ◽  
pp. 166-186
Author(s):  
Thomas J. McSweeney
Keyword(s):  
Canon Law ◽  
Roman Law ◽  
Administrative Records ◽  
Royal Courts

Bracton contains more than 500 citations to cases on the plea rolls, the administrative records of the royal courts, and this chapter will demonstrate that the authors of Bracton thought of them as authoritative texts, similar to the authoritative texts of Roman and canon law they had learned from in the schools. The authors of Bracton use and treat citations to plea roll entries and citations to the authoritative texts of Roman law—Justinian’s Digest, Codex, and Institutes—in very similar ways. The authors of the treatise adopt similar citation methods for both, and speak about them in similar terms. The authors of Bracton applied to their case records the scholastic methods of harmonization and reconciliation that they had learned to apply to the authoritative texts of Roman and canon law.

Sola scriptura, An essay in comparative legal history on 'obligacions' in thirteenth century France and England

2012 ◽  
Vol 80 (1-2) ◽  
pp. 95-128
Author(s):  
W.J. Zwalve
Keyword(s):  
Thirteenth Century ◽  
Canon Law ◽  
Legal History ◽  
Legal Culture ◽  
Customary Law ◽  
Roman Law ◽  
English Law ◽  
National Boundaries

AbstractIt is contended in this article that the doctrine of litterarum obligatio, as developed by Jacques de Révigny on the basis of Inst. 3,21, was not inspired by Roman law, but by the 'lettre scellée' of contemporary French customary law. It is also argued, that the English deed is the equivalent of the 'lettre scellée' of medieval French customary law, like the English recognizance is the equal of the publicum instrumentum, the 'lettre de baillie', of French customary law. They were primarily executory instruments, devised to prevent litigation by allowing for executory proceedings to be initiated after a summary hearing in court. They were the products of a legal culture that did not, as yet, recognize national boundaries. Nevertheless, English law was about to break away from its continental origins, by continuing to employ legal expedients, such as the deed, which, on the continent, were beginning to become obsolete, or completely changed in character, on account of the persistent pressure of canon law and Roman law. The demise of the deed on the continent was mainly, if not exclusively, due to the influence of Roman law and canon law, which allowed for parole evidence to defeat any instrument. The persistence of the deed in English law was guaranteed by the fact that it did not allow this to happen.

scholarly journals ON SOCIAL VALUE: INFLUENCE OF THE ROMAN RIGHT ON RUSSIAN CONSTITUTIONALISM

2020 ◽  
Vol 17 (1) ◽  
pp. 5-14
Author(s):  
Sergey Nikolaevich Baburin
Keyword(s):  
Electoral System ◽  
Legal Culture ◽  
Social Value ◽  
Roman Law ◽  
Moral Foundations ◽  
Dialectical Logic ◽  
The Sustainable Development ◽  
State Management ◽  
The Social ◽  
The Impact

Introduction. The article raises the problem of the influence of Roman law on Russian constitutionalism and the formation of social values based on this influence of the modern legal culture of Russia. Purpose. The author aims to assess the impact of Roman law on Russian constitutionalism and its social value. Methodology. Methods of analysis and synthesis, dialectical logic, comparative-historical and formal-legal are used. Results. The thesis is argued that the ideas and approaches of Roman law retain social value, but their application is fruitful only in harmony with the spiritual and moral foundations of the corresponding legal culture. The absolute belief in the law as a phenomenon of social planning and a tool for compromise between different parts of society, inherited from Roman law, formed the Romano-German and Anglo-Saxon worldview, but does not take root in Russian legal culture. Modern Russian constitutionalism, following the tradition of Roman law, is based on norms-principles, norms-goals and norms-symbols that perform the social function of the highest legal indicator and play an important predictive role. But misconceptions about the universalism of Roman law lead to civilizational breakdowns of peoples. In Russian constitutionalism, breaks occurred during the constitutional reforms of 1906, 1936, and 1993, which created social deformations and created legal and political preconditions for the destruction of the nation. Thus, the Constitution of the USSR 1936, first by copying the current European bourgeois electoral system, abandoned the system of multi-level congresses of Soviets, more respondents Roman and Russian traditions Council and people's Assembly. Among the important results of the study is the conclusion that the social value of Roman law in Russian constitutionalism covers the moral mission of Roman law and a high assessment of the normative value of the heritage of Roman law. Conclusion. The author concludes that Roman law has a social value for States with a traditionally communal identity as a source of effective legal structures and a model for studying; that Russian constitutionalism, which three times, in 1906, 1936 and 1993, departed from its cultural and historical traditions of organizing state management of society, again tries to build modern political and legal institutions on the basis of Roman legal dogma, while Russian legal culture excludes law from the field of sacred law. The social value of Roman law in the modern era lies in the fact that without a well-thought-out and coordinated support by the entire world community on its public-legal and private-law traditions and institutions, the evolutionary transition of mankind to the sustainable development of society is impossible.

scholarly journals HENRYKA KUPISZEWSKIEGO WIZJA PRAWA RZYMSKIEGO

2016 ◽  
Vol 15 (2) ◽  
pp. 113
Author(s):  
Witold Wołodkiewicz
Keyword(s):  
Legal Culture ◽  
Roman Law ◽  
Extended Version ◽  
Main Research ◽  
International Conference ◽  
Twentieth Anniversary ◽  
The University ◽  
The Impact

Henryk Kupiszewski’s Vision of Roman LawSummaryThis article is an extended version of the author’s paper delivered atthe International Conference held at the University of Warsaw to commemorate the twentieth anniversary of the death of Professor HenrykKupiszewski. The author presents the biography and academic developments in the life of Kupiszewski, a student of Wacław Osuchowski, Rafał Taubenschlag, and Max Kaser. He then goes on to discussKupiszewski’s main research interests. Starting with papyrology forthe legal sciences, Kupiszewski moved on to research on the internalhistory of classical Roman law and finally to the study of the impact ofRoman law on contemporary law and legal culture. The author also recalls Kupiszewski’s work in international co-operation in scholarshipand for the Polish diplomatic service as ambassador to the Vatican.

Structure of Medieval Roman Law

2018 ◽  
Author(s):  
Jan Hallebeek
Keyword(s):  
Twelfth Century ◽  
Canon Law ◽  
Legal Culture ◽  
Roman Law ◽  
Southern Europe ◽  
Court Cases ◽  
Legal Practice ◽  
Ius Commune ◽  
Northern Regions ◽  
Advisory Opinions

At the beginning of the twelfth century a university emerged at Bologna where the study of Roman law was taken up. The first generations of scholars, the glossators, interpreted the Corpus iuris civilis in its medieval shape (subdivided into five volumes) and produced various types of scholarly works: glosses, lecturae, summae, etc. Learned jurists of the fourteenth and fifteenth centuries, the commentators, continued the exegetical work of their predecessors. They no longer wrote glosses, but continuous commentaries. Moreover, they produced consilia, advisory opinions given in view of specific court cases. By this time the study of Roman law had spread over major parts of southern Europe. With the dissemination of canon law and the foundation of universities, the knowledge of Roman law could also spread to more northern regions, penetrate into legal practice, and lay the foundation of a common legal culture on the continent: the ius commune.

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