Czasopismo Prawno-Historyczne
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    Bronisław Łagowski o prawidłach polityki

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    This paper presents the rules and principles which govern politics as depicted by Bronisław Łagowski, one of the most prominent Polish political philosophers. He constantly declares his position as a political realist and he interprets Polish political events from this point of view. The foundation of such an interpretation of politics is an anthropological assumption of human imperfection which is a crucial component of political realism as well as a great source of support for his opinions in history and in cultural achievements. The following principles were included among the presented rules of politics: the principle of protection of citizens by public authority, a restriction of will of the governing authorities by law, the so-called rule of expiration, an inability to justify some events after many years, the problem of social subjectivity, an inability to forgive on behalf of the whole nation, the problem of international claims as well as territorial changes after the Second World War. All of these elements were assumed as the basis of Polish politics

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    Marzenie o szczęściu, czyli idea prawa natury w filozofi i Jana Jakuba Rousseau

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    In “Reveries of the Solitary Walker” Jean Jacques Rousseau described his idea of universal happiness as living a life in compliance with nature. However, as Rousseau noted, achieving that state of happiness was not at all easy, and fi rst the human nature needed to be understood. Looking at one’s life from the introspective point of view could be a useful tool, as well as looking a human person as the creation of God. According to Rousseau, the laws of nature derive from the human nature and should therefore govern the interpersonal relations among people. Consequently, since freedom and equality are the fundamental laws and each human being, people should always, by nature, treat each other as free and equal. This positive perception of a human being made Rousseau postulate that rather than follow authorities, individuals should have more confi dence and belief in themselves

    Cudzołóstwo w praktyce prawa miejskiego Rzeczypospolitej na przykładzie „Księgi czarnej złoczyńców sądu kryminalnego w Wiśniczu” (koniec XVII–XVIII wieku)

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    The aim of this article is to analyze the issue of adultery in the Polish town of Wisnicz. The basis of the study was “Acta Nigra Maleficorum Wisniciae” (1665–1785). This source provided data from 49 cases. Moreover, it constituted the basis for establishing the number of cases pertaining to adultery, determining the number and origin of the defendants, examining the circumstances of the offense as well as examining the court procedure,sentence and the imposed penalties. The paper attempts to answer all these questions and to present ruminations on the norms which regulate this issue as well as to delineate the attitude of the courts in other Polish towns towards adulterers. Among the aforementioned court cases in Wisnicz, four instances were related to the charge of adultery. The perpetrators of this crime have committed adulterium simplex (it is a category of adultery in which only one person is married). Furthermore, in the course of the discussed love affairs, there were two instances in which only the men were married (the women were single) and the women were married (and the men were single) in theremaining two examples. Only one person was convicted of adultery. The remaining defendants were also charged with murder, infanticide or incitement to commit these crimes. The love affairs mentioned above were brief in character. Also two of the people charged with adultery were servants of their respective lovers. Finally, the circumstances of these acts were passion and deserting the wife by her husband. Another aim of the article was to delineate the punishment system. Just one person was convicted of adultery only. It was treated as a felony then and punished by death inthe form of decapitation. In this instance, the sentence was subsequently commuted to a fine. Additionally, it should be added that both penalties were prescribed by the urban legal principles for this crime. All perpetrators who were found guilty of adultery were sentenced to death. However, the punishment was commuted in each case to flogging. This commutation correlates with a general view on the liberalization of the punishment system in the 18th century

    O działalności organów samorządu terytorialnego miasta Świdnicy w świetle ordynacji miejskich z lat 1815-1871

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    O działalności organów samorządu terytorialnego miasta Świdnicy w świetle ordynacji miejskich z lat 1815-187

    VII Konferencja historyków prawa obszaru Morza Bałtyckiego w Kilonii

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    VII Konferencja historyków prawa obszaru Morza Bałtyckiego w Kiloni

    Rechtsprechung in Osteuropa. Studien zum 19. und frühen 20. Jahrhundert, 2012

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    Rechtsprechung in Osteuropa. Studien zum 19. und frühen 20. Jahrhundert, 201

    Rejestry nieruchomości w dawnej Polsce

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    The paper outlines the history of land cadastres and land and mortgage registers in Poland from the earliest times until the fi rst Partition. Against the background of the changing principles of establishing ownership, transferring or encumbering it with rights in rem or creating obligations over it, the paper describes how land and mortgage registers developed. They were modern public registers, which introduced the Polish mortgage into the legal system. Its design was far ahead of the legislation of most European countries at that time. The novelties included the principles of free access to, and reliability of, a mortgage, its legality, freedom of encumbrance, detailed character, priority of entry and, fi nally, the principle of good faith of registers

    Karykatura jako narzędzie polityki państwa

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    Satire in all countries is protected as a manifestation of public mood and for this reason it is not subject to criminal liability. Caricature is a specific kind of satirical art. During an analysis of the history of the USSR and Poland, one can highlight the special role of caricature in the implementation of a state’s international policy. It served as an instrument of reaching the least educated social strata with state propaganda. It is also worth noting that caricature played a smaller or a larger part for the state at different periods of history

    Jak o dyktaturze pisać nie należy

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