O użyteczności badań nad prawem rzymskim – refleksje na kanwie rozprawy Joanny Kruszyńskiej-Koli pt. Ratio przedawnienia

On the Usefulness of Research into Roman Law – Some Reflections on the Joanna Kruszyńska – Kola’s Dissertation Ratio przedawnienia [The ratio of prescription] In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today. I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results. In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.

Kilka uwag o książce Oskara Kaneckiego Sądy kapturowe Wielkiego Księstwa Litewskiego (1572–1764), Sopot: Wydawnictwo Arche Marek Tokarczyk, 2020, ss. 341

Some Remarks on Oskar Kanecki’s Book Sądy kapturowe Wielkiego Księstwa Litewskiego (1572–1764) [Interregnum courts of law in the Grand Duchy of Lithuania (1572–1764)], Sopot: Wydawnictwo Arche Marek Tokarczyk, 2020, pp. 341 Oskar Kanecki’s book considerably broadens the state of knowledge of the judiciary of the Grand Duchy of Lithuania during the interregnum periods (16th–18th century). The work deals with the genesis, organisation and process before these courts in an interesting and wide-ranging way. It seems that a drawback of the book is the incomplete use of the Statute of Lithuania and legislation.

The Academic Portrait of the Creator of the Pure Theory of Law. Several Facts from Thomas Olechowski’s Book Entitled Hans Kelsen. Biographie eines Rechtswissenschaftlers. Tübingen: Mohr Siebeck, 2020 (1027 pp.)

The Academic Portrait of the Creator of the Pure Theory of Law was written by Thomas Olechowski, a professor of the University of Vienna, and a historian of law with an established academic position, having outstanding expertise in the field of the history of the system of law in Austria in the 19th and 20th centuries. Olechowski collected impressive source material - mainly archival, including Kelsen’s extensive correspondence, university and administrative files connected with all the stages of his life and academic activity, and interviews with still-living persons (oral history) who had met Kelsen directly or indirectly. Owing to the obtained material, often secured through detailed source query in Austrian, Czech, German, and American archives, the author managed to correct and complete many details from his subject’s life and works. Hence, the reviewed biography of Kelsen provides a great deal of new information, which presents a view of his life and academic achievements through a multithreaded method. Various examples of little-known or completely unknown facts from H. Kelsen’s biography will be presented in the review.