Prejudykaty w Statutach Kazimierza Wielkiego – próba nowego spojrzenia. Szkic o technice ustawodawczej w czasach średniowiecza
Prejudicates in the Statutes of Casimir the Great – an Attempt of a New Look. An Essay on Legislative Technique in the Middle Ages
Author(s): Wacław UruszczakSubject(s): Law, Constitution, Jurisprudence, History of Law, 13th to 14th Centuries
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: The Kingdom of Poland in the 14th century; The Statutes of Casimir the Great; Legislative Technique; Prejudicates; Papal decretals; Stanisław Roman
Summary/Abstract: The Statutes of Casimir the Great were the most important law in force in the Kingdom of Poland in the Middle Ages. Apart from the articles in the form of general acts, there are 26 articles that have the character of individual legal cases, the so-called ‘prejudykaty’ (preliminary rulings, prejudicates). The article attempts to explain their genesis. In the author’s opinion, they show a significant resemblance to medieval papal decretals (litterae decretales), in particular the Decretals of Gregory IX from 1234. Although they concerned individual legal cases, they were a model for the correct resolution of a specific legal case. They had the character of legal instructions or declarations of law (declaratio iuris) announced by the king.
Journal: Acta Universitatis Lodziensis. Folia Iuridica
- Issue Year: 2023
- Issue No: 102
- Page Range: 161-181
- Page Count: 21
- Language: Polish