The Role of the Science of the History of Law in Jurisprudence in Contemporary Justice Cover Image

Rola nauk historycznoprawnych w orzecznictwie współczesnego wymiaru sprawiedliwości
The Role of the Science of the History of Law in Jurisprudence in Contemporary Justice

Author(s): Anna Moszyńska, Zbigniew Naworski
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: history of law; justice; jurisprudence; easement; inheritance law; inheritance without a claimant

Summary/Abstract: This article provides an overview of research conducted by the authors on the role of the science of the history of law in the jurisprudence of contemporary justice. This research refers to the debate held for many years about the place and dimension of lectures on the history of law in the programs of study for future lawyers. This dispute takes place almost exclusively as an internal discussion among the academic community; the representatives of the practice remain silent. Meanwhile, the preliminary results presented in this article show that working in the judiciary requires a deep knowledge of the sources of law reaching back to the end of the eighteenth century and throughout the nineteenth century. This is illustrated by the analysis of the jurisprudence of the Supreme Court, as well as ordinary and administrative courts, which are often based on historical regulations. In the following article the authors point out three examples of cases in which the resolution of the case was based on historical legislation

  • Issue Year: 8/2015
  • Issue No: 1
  • Page Range: 93-106
  • Page Count: 14
  • Language: Polish