Katedra Historii Administracji i Myśli Administracyjnej Uniwersytetu Jagiellońskiego w Krakowie (1979–2017)

Author(s): Paweł Cichoń,Jerzy Malec / Language(s): Polish Issue: 1/2017

The article contains the characteristics of the Department of History of Administration and Administrative Ideas of the Jagiellonian University in Kraków from its establishment until 2017. The heads of the Department in this period were the following professors: Ludwik Łysiak, Jerzy Malec and Dorota Malec. Main directions of the research in the history of administration undertaken by the employees of the department as well as the results of these studies shown in published monographs and articles were described in the article. Their actions in organizing activities at the level of the university, faculty and participation in groups of editorial scientific journals are also indicated. The scientific degrees obtained by the employees of the department are presented. Th e classes included in the educational offer of the department were also discussed.

Helmut Wagner, Vom Stoerenfried zum Buergen. Die “deutsche Frage” im europaeischen Kontext. Ein politischwissenschaftliches Essay, [Mut Verlag, Asendorf 2012, 238 s.]

Author(s): Erhard Cziomer / Language(s): Polish Issue: 3/2012

Budowa państwa w warunkach wieloetniczności. Przypadek Malezji

Author(s): Ewa Trojnar / Language(s): Polish Issue: 1/2011

Sytuacja polityczna Jordanii po 2011 roku

Author(s): Bartosz Wróblewski / Language(s): Polish Issue: 3/2018

The Hashemite Kingdom of Jordan, unexpectedly, maintained political stability after 2011. It is a phenomenon in the region where many countries plunged into in perennial civil wars. Moreover, Jordan has maintained this stability despite relatively, according to the regional criteria, liberal internal policy. The following text is devoted to the analysis of this phenomenon and, at the same time, it discusses main events concerning the Kingdom in the years 2011–2018. Basic features of the political and social system of Jordan have been analysed and, inevitably, previous history of the country has also been outlined. Strong aspects of Jordan monarchy that enable to overcome crises, better than in the neighbouring countries, have been pointed out. At the same time, problems and threats that could threaten the stability of this country in the future, have also been indicated.

Wpływ wojen polsko-pomorskich na status prawny Pomorza do XIII wieku

Author(s): Tomasz Kruszewski / Language(s): Polish Issue: 1/2018

The purpose of this publication is a dynamic analysis of Polish-Pomeranian conflict’s power in legal-dogmatic and historical profile, to say nothing of geographical and military matters. Whereas it is particularly important to shape the problem, based on a settling of the way, in which Pomeranian dukes were relatives to Piast dynasty – agnate (paternal) or on mother’s side. Recently an old concept has started to spread – it says that Pomeranian dukes were of Piast descent, which leads to a ascertaining that there were no strong centres of power in Pomerania before conquest of Mieszko. Svatopluk Mieszkowic received the power over Pomerania, what led to exile of stepmother Oda and half-brothers and retrieval of power later subsequently caused conflicts between the two lines od dynasties in the next centuries. Considerations about the wars’ influence on legal status of medieval Pomerania have to be preceded by an analysis in the field of imperial power over this land. Historian of state and law must see – having looked at the sources – the fundamental thing, that the whole Pomerania, from Odra river to Gdańsk was a one entity, which came under the authority of Roman Empire. It stems unambiguously from medieval sources, Widukind from Korbea describes battles of Mieszko I with Wichmann and therefore clearly demarcate the legal status of Pomerania from other lands of Polish sovereign. It is similar by Merseburg bishop Thietmar. He wrote clearly, that Mieszko payed the Caesar a tribute „up to Warthe river“. It means, that the whole area of Pomerania was a belt of tributary lands of Empire. The conquest of Pomerania always began from the east area, and ended by the west. It was so at the time of Mieszko I. Then the full incarnation of Pomerania to Poland followed. At the period aft er the defeat of Mieszko II, and to the death of Władysław I Herman Pomerania were in a loose dependence on Poland. It changed by the rules of Bolesław III Wrymouth. The conquest of West Pomerania took place after 1113, maybe till 1124, but source records are a bit sparse. Tribute and duty to give help was a sign of dependence. Teodor Tyc outstandingly interpreted the law constructions of Merseburg treaty with Lotar III: „The authority of Polish duke is an indirect degree of something between Pomeranian duke and the highest sovereign, Caesar“. The Wrymouth King payed feudal homage, because Pomerania was under the authority of Empire. At the time of feudal regionalization the ultimate failure of Polish politics in Pomerania happened. Already in 1147 Germany, Denmark and Poland together stood against Pomeranians. The last attempt to maintain the balance between Polish and German influences in Pomerania was a ‘Kruszwica agreement’ in 1148, however Poland was being systematically tormented by feudal fragmentation and thus was losing control over Pomerania. It lasted till 1181, when Bogusław I admitted the victory of Caesar in Lübeck.

Ikonograficznoprawne aspekty Bitwy pod Grunwaldem Jana Matejki

Author(s): Jolanta Gajewska / Language(s): Polish Issue: 1/2018

The aim of this article is to present iconographical and legal aspects of Jan Matejko’s Battle of Grunwald. The painting comes from 1878 and presents one of the most important victory in Polish history. It belongs to Matejko’s paintings catalogue designed to picture glory of Poland. There were a lot of accusation regarding this painting (rules of perspective’s infringement, historical inaccuracy, excessive herding of figures), but it was caused by Matejko’s vision. The visualization of law in the Battle of Grunwald encompasses numerous issues, such as signalization of entitlements and functions, badges of dignity or authority, signs of jurisdiction, position in social structure (class). Notably Authoress elaborates attributes of knightly attire and attirement of the Teutonic Knights, insignia (e.g. the scepter of Jagiellonian University, the spear of St. Maurice), weapon (e.g. the executioner’s axe).

Contemporary Chinese Historiography, with Special Emphasis on Taiwanese Historiography. Part one

Author(s): Roman Sławiński / Language(s): English Issue: 1/2006

Historia i polityka – determinanty niepodległego Kosowa

Author(s): Irena Stawowy-Kawka / Language(s): Polish Issue: 2/2008

Sprawy karne SS-manów z załogi KL Auschwitz przed sądami powszechnymi w Polsce w latach 1946–1955. Artykuł koncepcyjny

Author(s): Grzegorz M. Kowalski / Language(s): Polish Issue: 1/2021

The article aims to present the concept of research on the trials of the members of the SS garrison of the former German Nazi concentration and extermination camp Auschwitz-Birkenau before common courts in Poland in the years 1946–1955. It presents selected issues related to the analyzed subject, along with an exemplary literature, and shows incomplete statistical data. Information about 8502 SS men can be found in the database The SS KL Auschwitz Garrison available on the Internet. On the basis of the collected materials, it can be concluded that in the period, the number of people for whom any documents of the judiciary have survived is 722. On the other hand, the number of SS men from the KL Auschwitz garrison, against whom court proceedings ended with a verdict in Poland, is 695. The next step towards characterizing the trials of SS-men from the KL Auschwitz garrison pending before Polish courts should be a complete description of the state of research and literature on the subject.

Procedura nadania stopnia Pierwszego Marszałka Polski lub Marszałka Polski w XX wieku

Author(s): Adam Bojarski / Language(s): Polish Issue: 1/2021

In the history of Polish Army in the 20th century only six persons received a marshal’s rank. The purpose of the article is the analysis of the legal provisions of the proceedings of granting the rank of First Marshal of Poland to Józef Piłsudski and the ranks of Marshal of Poland to Ferdinand Foch, Edward Śmigły-Rydz, Michał Żymierski, Konstanty Rokossowski and Marian Spychalski from the point of view of their compliance with the regulations in force at that time. The author’s findings show that only Edward Śmigły-Rydz and Marian Spychalski received the military ranks of the Marshal of Poland in accordance with the legal regulations.

Main currents in views on the reorganisation of the apparatus of executive power in the eighteenth-century Polish-Lithuanian Commonwealth

Author(s): Jerzy Malec / Language(s): English Issue: 1/2021

In the eighteenth century, and particularly in its second half, concepts of rebuilding the state administration began to emerge in Poland, the basic structure of which dates back to the times of the estate monarchy and did not meet the needs of the modern state of the Age of Enlightenment, and at the same time differed substantially from the solutions functioning in the absolute monarchies neighbouring Poland, where it was based at that time on the principles of centralism and bureaucracy. Meanwhile, in the Republic of Nobles, all offices were filled for life, without any particular emphasis on the professionalism of the candidates. In the first half of the eighteenth century, along with penetration of the idea of the Enlightenment into Poland, the seeds of modern concepts emerged, postulating a complete reform of the system of the Commonwealth. The reform programme contained in the works of the precursors of the Polish Enlightenment covered a wide range of problems, postulating the reorganization and healing of the entire apparatus of state power, sometimes also touching upon social issues. The political writing of that time, when discussing the basics of the functioning of the administration, usually emphasized the primacy of the law passed by the Sejm over executive activity. The influence of Polish political writing on the reform of the administration seems indisputable. The structure of the central authorities clearly referred to the concepts of the political thought of the time, constantly evolving towards modern forms of internal administration of the state, at the same time drawing on the achievements of European cameralist and police thought.

The Perception of the Constitution of 3 May 1791 in the Contemporaneous American Press

Author(s): Ewa Wiśniewska / Language(s): English Issue: 1/2021

The paper investigates the ways the American press of the times portrayed the Constitution of 3 May 1791. The Governance Act was valid from the date it was issued, May 3, 1791, until June 17, 1793, when the last Sejm, the one which acknowledged the second partition of Poland, was held. Despite the great distance and the limitations imposed by the technological possibilities of the times, the topic was nonetheless widely commented on at the time and positively received. It was much appreciated and enthusiastically welcomed in American press, which understood the Constitution as a natural continuation of the process of democratization. However, the articles depicting the document were rather general and far-fetched in their optimism towards introducing democracy, accusing the Constitution of causing social and political changes in Europe. Analyzing press articles, one may jump into hasty conclusion that the king, Stanislaw August Poniatowski, was a reformer whose main goal was to make all his subjects equal, which was not necessarily true. The Constitution was not thoroughly translated, which simplified and idealized its meaning.

Polowe organy administracji wojska polskiego w sprawach rekwizycji żywności w okresie powstania listopadowego 1830–1831 roku

Author(s): Marcin Konarski / Language(s): English Issue: 1/2022

The article concerns the organisation and activities of the army food administration, which for most of the time during the November Uprising was carried out by the Army General Commissariat Service. During the 10 months of the uprising, the food administration underwent several organisational changes, and its execution was entrusted to various bodies. The discussion undertaken is related to issues concerning the organisation of this administration, with particular emphasis on the characteristics of the activity of its field administrative apparatus, which was entrusted to War Commissioners at individual army divisions and to Regional Commissioners as civilian requisitioning bodies in individual administrative regions which were links of the army’s food administration. On the other hand, in order to make the food requisitions enacted by the Sejm in June 1831 effective and rapid, Extraordinary Commissioners were established and entrusted with their supervision. In addition to the description of the powers conferred on all these officers, the author analyses the legal procedure applied by them to the requisitioning of food and fodder for the army against the background of events at the time.

Kontynuatorzy teorii Leona Petrażyckiego

Author(s): Katarzyna Witek-Mioduszewska / Language(s): Polish Issue: 1/2022

Motivation until the beginning of the 19th century was an undiscovered area of scientific research. The idea of using motivation in psychology, almost or in other fields, was born only at the turn of the 19th and 20th centuries. Leon Petrażycki was one of the first scientists to make a groundbreaking classification of psychic phenomena. He distinguished among them emotions, feelings, sensations and processes of the will. Research that was carried out at that time showed a connection between emotions and motivation. Many of the later researchers continued various assumptions resulting from Petrażycki’s theory. In literature, two periods of the scholar’s work are distinguished: St. Petersburg and Warsaw. Therefore, it is justified to divide his followers on the basis of these stages of his scientific activity. The article presents short profiles of researchers selected by the author who were inspired by the ideas of Leon Petrażycki, including Jerzy Lande, Henryk Piętka, Mikołaj Timaszew, Georgij Gurwicz, and Mikhail Rejsner. In addition, an analysis of their work was made in the context of emotions and the theory of motivation initiated by the St. Petersburg scientist. It also presents the views of contemporary Petrażycki supporters.

Przestępstwa z użyciem przemocy w świetle regestru złoczyńców grodu sanockiego w latach 1562–1615

Author(s): Wacław Rosa / Language(s): Polish Issue: 1/2022

The publication presents the criminal activity of perpetrators committing violent crimes in the Sanok region at the end of the 16th and the beginning of the 17th century. It shows the specificity of the criminal judiciary at that time, as well as presents social and geographic factors influencing the shaping of the criminal world. It also discusses the typology of the above-mentioned criminal acts and shows the social structure of the crimes perpetrators at that time. It also shows the specificity of the criminal world in the form of more numerous criminal associations operating in the studied area than in other parts of the country.

Koncepcje samorządu terytorialnego w polskich konstytucjach dwudziestolecia międzywojennego (1918–1939

Author(s): Paweł Cichoń / Language(s): English Issue: 1/2022

The article outlines concepts of local government based on the provisions of the Constitution of the Republic of Poland of 17 March 1921 (the March Constitution) and the Constitutional Act of 23 April 1935 (the April Constitution). In the first place, the assumptions of the March Constitution concerning the political system in relation to local government are presented, and then its influence on the formation of this local government in the Second Polish Republic is shown. The author outlines challenges and difficulties accompanying the attempts to adopt statutes on local government in line with the spirit of the March Constitution and outlines the legal basis for the organisation and activity of local government in Poland during the interwar period (1918–1939). Attention is also drawn to the changes in the approach of those in power to the role of local government which followed the May Coup in 1926 and were introduced in the Act of 23 March 1933 on the Partial Change of the Local Government System. The author also presents the legal position of local government in the April Constitution and indicates the ideas that underlay the creation of constitutional concepts of local government and how they were externalised in the specific political conditions. The article also provides a comparative analysis of the concept of local government resulting from the Constitutions mentioned above.

Dokumentowanie czynności przy opiekach „mniejszych” przez łódzki magistrat w latach 1832–1876

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2022

The distinction between “major” and “minor” guardianships appeared with the Civil Code of Kingdom of Poland in 1825. The former was created with participation of the courts of peace (for wealthier pupils) and the latter – with the participation of local magistrates (for less wealthy). Documentation of the „minor” guardianships activities was regulated by administrative regulations. The separated court files were created for every new case. Most of them included document initiating the guardianship, one protocol of the family council’s meeting and the inventory of property. Custodial data rarely documented more activities. The magistrate officials created protocols of the family council’s meetings, and reports about the number of the guardianships establishments based on the forms sent by courts and the governmental commissions. Reports and official correspondence between magistrate and court’s and administrative authorities were documented in the general files.

Małżeńskie ustroje majątkowe w Królestwie Kongresowym – na podstawie intercyz sporządzanych przez pierwszych łódzkich notariuszy

Author(s): Dorota Wiśniewska / Language(s): English Issue: 1/2022

The Civil Code of the Kingdom of Poland (KCKP), enacted on June 1, 1825, stated that property relations in marriage could develop within the statutory property regime, which was the exclusive property regime or the contractual regime adopted by the spouses. KCKP regulated the principles of operation of the three main property regimes that could be introduced by agreement. The future spouses could simply bind their property relations to one of these regimes, or make any modifications to them. In addition, they were allowed to adopt a completely different, arbitrary system, as long as the rules of its functioning did not violate the law or good morals, and were specified in detail in the contract. The contractual systems regulated in the code were: property separation, dowry property regime and joint property. In practice of first notaries in the years 1841–1875 in Łódź, most commonly adopted property regimes were those that combined the features of two regimes, i.e. property exclusivity and joint property, or a dowry regime and joint property. However, the principles of the functioning of these systems adopted in premarital agreements were not uniform. The bride and groom decided on various combinations in terms of subjecting individual property components to property exclusivity, possibly to a dowry government, or joint ownership. The regimes of exclusive property and joint property as well as the dowry regime and joint property regimes were attractive for spouses, due to their flexibility, the possibility of adjusting the arrangements to the financial situation of future spouses.

Idea i kształt zinstytucjonalizowania ochrony lokatorów w systemie prawa polskiego (1918–1939)

Author(s): Aneta Kaźmierczyk / Language(s): Polish Issue: 1/2022

Protection of tenants was institutionalized in the Polish legal system in the interwar period. The analysis of the objectives and shape of the regulations introduced in the Act of 1920 and then of 1924 leads to the conclusion that over the years the regulations shaping the protection of tenants have been modified not only in terms of their content but also in the axiological aspect. The regulations introduced in the interwar period were to balance the rights of tenants and landlords. The introduced institutions were applied not only to tenants of residential but also commercial premises. The appropriate shape of the regulations and the scope of their application were to contribute to the protection of housing, but also to the development of the economy, protecting investors in the construction market and consumers. It is also important that the introduced regulations were supposed to be of a temporary nature, and they were to be in force only for the duration of a crisis situation caused by the devastation of World War I.

Tryb zwoływania rad familijnych opiek „mniejszych” na podstawie akt łódzkiego i zgierskiego magistratu do 1876 roku

Author(s): Joanna Machut-Kowalczyk / Language(s): Polish Issue: 1/2023

Family councils for the „minor” guardianships were convened by presidents or mayors (in the cities) and mayors (in the countryside). Custodial files in the State Archive in Łódź inform us about convening family councils by presidents and mayors in Łódź and Zgierz in years 1825–1876. Conveying family councils without prior notice was a common practice. Even when the date of meeting was set in advance, the supplicants gladly informed and gathered members of the family councils by themselves. Official calls were set up by magistrate very rarely. Simplified procedure could result in reduction of the proceedings costs.