Czasopismo Prawno-Historyczne
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Artur Mezglewski, Anna Tunia, Wyznaniowa forma zawarcia małżeństwa cywilnego, 2007
Get PDFArtur Mezglewski, Anna Tunia, Wyznaniowa forma zawarcia małżeństwa cywilnego, 200
Sąd Najwyższy w trudnym okresie polskich dziejów. Uwagi w związku z książką Arkadiusza Berezy, Sąd Najwyższy w latach 1945-1962. Organizacja i działalność, Warszawa 2012
No full textSąd Najwyższy w trudnym okresie polskich dziejów. Uwagi w związku z książką Arkadiusza Berezy, Sąd Najwyższy w latach 1945-1962. Organizacja i działalność, Warszawa 201
Ewolucja instrumentów prawnych ochrony wiarygodności dokumentów w systemie common law na przykładzie Irlandii zależnej i niepodległej
Get PDFThe aim of the analysis presented in the following article is to delineate the historical outline and the evolution of the criminal law regulations in the area of forgery of documents in Ireland under foreign rule and in independent Ireland. Special emphasis is placed on the implementation of English and later British legal solutions in Ireland as well as on their substantive similarities. A significant part of the deliberations is also devoted tomodern regulations in the aforementioned area. Special attention is paid to the culpability (sometimes called the subjective element of a crime or Mens rea in Latin) and conduct (sometimes called the objective element of a crime or Actus reus in Latin) side of crime. Another discussed element is the punishment one is subjected to for committing the said offense. The study of the present issues is based on both the statutory interpretation of theprevious and current regulations as well as on the doctrine and judicature. The assumed direct correlation to the structure of the article. The paper consists of an introduction, chapters devoted foreign rule and in independent Ireland as well as conclusions
Gubernatorzy wojskowi w systemie polskiej administracji początków XIX w ieku
Get PDFIn Polish literature on the subject, the military governor’s office is usually associated with the organisation of the administrative system that prevailed in the partitioning states (Poland’s Partitions 1791-1918). However, the governor’s office had already been known in Poland during the Duchy of Warsaw (1807-1815), when it was, like many other solutions of administrative and military law, imported directly from France. In the structure of Polish public organs, the office of governor was created for the first time during the Polish-Austrian war in 1809. Although no documents have survived from which we could learn of the competences of a Polish governor in those times, what is known is that the description of his authority followed closely the model set out by the French legislation. It was not before the Polish-Russian war in 1830-1831 that first attempts were made to independently set out the authority o f a governor of the Polish state, but even then, at least initially, the solutions set forth by the regime o f the Napoleonic decree were directly referred to and copied. In the second half of the 19th century, shortly before the collapse of the November Uprising, a draft describing the office and competences of a Polish governor was finally ready to be put forward for parliamentary discussion, but it was already too late for the Sejm to deal with it
O państwie prawa: uwagi filozofa
No full textThe concept of the state of law is not only of historical importance, but it also plays a significant role in the contemporary political and legal though. In particular, it has become one of the elements of the legal order that prevail in the European Union member States. The concept of the state of law originated in the German legal doctrine in the first quarter of the 19th century. It drew from the Kant’s idea of a reason-guided society. The fullest definition of the idea of the state of law was probably explained by Robert von Mohl in his work “Encyclopaedia of Political Sciences” published in 1859. The ideas it contained, however, had been known already in the thirties of that century. According to Mohl, the state of law is not a form of state, but rather a certain order of rights and duties of the state towards its citizens as well as the citizens towards the state. Hence it does not matter whether a state is a monarchy or a republic. There are many controversies when it comes to the history of the state of law. Among the main ones is the question whether the criteria of the state of law are of a formal or substantial character. The formal conception of the state of law prevailed in the 19th century Germany and the Weimar Republic. Since the Second World War and the negative experience with a totalitarian state, both fascist and communist, it has been accepted that there is no state of law without a minimum, rather broader than narrower, of citizen’s rights and institutions that secure them. The paper presents the origin and development of the concept of a state of law and compares it with the concept of the rule of law
Polska godność narodowa w świetle prawa karnego
Get PDFPoland is contemporarily the only country in Europe where the law includes criminal liability for publically defaming the nation or for being disrespectful towards it. This makes the national dignity an independent legal interest. Consequently, it seems worthwhile to pay attention to the origins of the regulations which protect this particular legal interest which were introduced into the Polish law in 1932. Moreover, it creates the need for a commentary on the statutory description of the acts which break the law. It also necessitates the portrayal of the issues created on the grounds of the practical application of the sanctionative norms in the modern world. Historical roots are the reason behind the way national dignity is currently perceived and felt. Furthermore, the historical experiences determine the direction of the interpretation of the applicable law which protects the nation’s dignity. To put it in other words, the present-day interpretation of the penalnorms is based on public history and as such it constitutes the historical interpretation which leads to a prescriptive understanding of the semantics of these terms. The aforementioned contemporary interpretation seeks to answer the question what type of behaviour is characterised by the perpetration of “disrespect”. Furthermore, it aims to answer whichacts can be defined as a show of contempt which is equal to “defaming” the Polish nation. Consequently, the objective of the following article is to look at the contemporary law through the historically determined prism of symbolic criminalization of behaviours which attack Polish national dignity as well as to give examples of modern incriminating public statements. The provisions of criminal law which stipulate criminal liability for public defamation and disrespecting the nation have not changed since it was introduced into the Polish law. Despite this fact, the current assessment of behaviour as a violation of the nation’s dignity is influenced by the tragic 20th-century history and its memory as a legal interest. In the course of the study of the specific instances of behaviour which were not anticipated by the pre-war legislator, one needs to attempt to point to the reasons behind preserving their punishability
Ewolucja ustawodawstwa oświatowego w Anglii w XIX i XX wieku
Get PDFThe issues raised in the article concern the development of education law in England from the enactment of the School Sites Act of 1841 to the enactment of the Education Act of 1944 which was the first comprehensive education act in England. Firstly, the article presents the reasons behind the rapid development of English education in the second half of the 19th century. Furthermore, the paper delineates the influence of the economy and of the industrialization on the systematic dissemination of education. Particular attention was paid to the spread of education to the masses at the primary level and to the education ofthe poorest people. The article presents the successively enacted legislative acts and legislative work conducted on them in various types of committees (royal committees, government committees). Also, the results of the work of these committees is discussed, i.e. the reports prepared by the said committees which later were the basis of legislative acts
Organizacja pracy więźniów w Królestwie Polskim w latach 1815-1867
Get PDFThe convicts’ obligation to perform prison labour as an additional form of punishment beyond imprisonment appeared for the first time in the 16th century together with the creation of houses of correction. In the 19th century, statutory law pertaining to labour was regulated in many European penal codes. This concept was also included in the criminal legislation which was in force in the Kingdom of Poland, i.e. in the Penal Code (in forcesince 1818) and in the Code of Major and Correctional Punishments (since 1848). Initially, the work carried out by the prisoners in the Kingdom of Poland was primarily fiscal in nature. The purpose of the labour was for the prisoners to, at least partially, earn a living. However, the penitentiary concepts which began to emerge from the 1930s onwards also started to notice the educational and resocialization value of convict labour. At first, theprisoners were mainly engaged in public works. And later, after 1832, they were put to work in prison workshops and factories. Moreover, they performed services for the benefit of private individuals. The Penal Code obliged the prisoners to work in case of convicts placed in prisons and jails. The Code of Major and Correctional Punishments, which was in force since 1848, maintained the prison labour obligation of the convicts’ sentenced toimprisonment. This additional sanction was connected with the punishment of imprisonment in detention centres and it was also connected with being detained in workhouses or in houses of correction. People sentenced to lighter punishments and those temporarily deprived of liberty were free from penal labour
O sabotażu i dywersji w świetle polskiego ustawodawstwa po 1944 roku
Get PDFO sabotażu i dywersji w świetle polskiego ustawodawstwa po 1944 rok