The Constitutional and Legal History of East Central Europe till the 20th c.
|Kod przedmiotu:||WPA-10.P-3288||Kod Erasmus / ISCED:||10.0 / (0421) Prawo|
|Nazwa przedmiotu:||The Constitutional and Legal History of East Central Europe till the 20th c.|
|Jednostka:||Katedra Powszechnej Historii Państwa i Prawa|
Przedmioty dla programu - Prawo, studia stacjonarne
|Punkty ECTS i inne:||5.00|
Zajęcia w cyklu "Semestr zimowy 2020/2021" (zakończony)
|Okres:||2020-10-01 - 2021-01-28||
zobacz plan zajęć
Wykład, 30 godzin, 20 miejsc więcej informacji
|Koordynatorzy:||Andrzej Bryk, Władysław Pęksa|
|Prowadzący grup:||Andrzej Bryk|
|Lista studentów:||(nie masz dostępu)|
|Zaliczenie:||Przedmiot - Egzamin|
(tylko po angielsku) The aim of the course is to understand the process of the historical development of the legal and the constitutional system in the countries and territories of Central Europe. The scope covers both Poland and former Polish-Lithuanian Commonwealth as well as neighboring countries: like the Czech Republic, Hungary, Slovakia or Austria, both in terms of contemporary borders and the historical kingdoms of the Lands of the Crown of Saint Stephen, The Lands of the Bohemian Crown, and the Habsburg Monarchy. The subject matter includes both political and administrative institutions as well as common law (court law). The time frame covers the period from the 10th century to the 20th century - however, special emphasis is placed on the modern period, 19th century and the 20th century.
(tylko po angielsku) 1. Knowledge of the basic directions of the historical development of the law on Polish soil and Central European countries (as Czech, Hungary and Lithuania) during the period from the beginning of the formation of the state structures (X c) the period after the Second World War. Ability of the correct interpretation of factors of such development.
2. Knowledge of the fundamental principles of the legal institutions that shape and structure over X - XX century Central Europe lands.
3. Knowledge about the law and the political system in the context of political, social and economic development and the ability to identify the most important phenomena of this process.
4. Ability to assess the evolution of the law and the political system in Poland in a European context
5. Knowledge of the most important monuments of the old Polish, Hungarian, Lithuanian, Czech, Croatian law and the ability to interpret its impact in the social and historical context.
6. Critical analysis of the legal sources (legislation, case law from the epoch) with the correct use of the conceptual grid (conceptual apparatus).
7. Ability to obtain the necessary data for analysis (in the context of the support (completion) of current legal knowledge, especially support about historical context)
(tylko po angielsku) No preconditions
|Forma i warunki zaliczenia:||
(tylko po angielsku) Alternatively:
1. Essey or presentation.
2. Cross-sectional test of all issues.
Ratings from 2.0 (minimum) to 5.0 (maximum)
3. An additional factor will be attendance at the classroom meetings (not obligatory as a rule) - 10%, as well as activity (asking questions, organizing discussions) - 20%
|Metody sprawdzania i kryteria oceny efektów kształcenia uzyskanych przez studentów:||
(tylko po angielsku)
1. Preparing the essay for the topic agreed with the teacher plus a discussion on the essay combined with questions
2. A presentation in English (during the lecture) combined with discussion and answering questions by the audience participating in the lecture.
If test: in a form of exam only with no preconditions:
3. multiple choice test (20 questions) and three descriptive questions (analysis indicated the problem).Length of the test 45-60 minutes.The possibility of entering (without preconditions) to test organized in advance on the last lecture.
1. Cross-sectional test of all issues: Providing at least 50% of correct answers is enough to pass. Next grades every 10% of points. Ratings from 2.0 (minimum) to 5.0 (maximum).
2. Essey or presentation: In the case of preparing an essay or presentation, the choice of the topic (20%), analysis of the issue (50%), answers to questions (30%) are evaluated.)
|Metody dydaktyczne - słownik:||
(tylko po angielsku) Lecture: 30 hours
Evaluation: 3 hours
Consulting hours of lecturers (duty hours): 5 hours
Traditional methods. interactive contact forms (analysis and interpretation of sources), computer presentation, self-development issues identified by the student under the supervision of lecturer.
|Bilans punktów ECTS:||
(tylko po angielsku) 5 ECTS = 125 hours (5x25 hours)
30 contacts hours
95 non-contact hours (students’ own works)
|Wymiar, zasady i forma odbywania praktyk:||
(tylko po angielsku) There are no practices. Tour of historical places. Field classes - depending on demand.
(tylko po angielsku) |
The lecture presents a brief history of basic political institutions of the former Central European States from the early monarchy to the fall of the Polish-Lithuanian Commonwealth, Czech Kingdom and Hungarian Kingdom. It consists also a brief history of Prussian Kingdom, Bavaria, Saxony, south Slavic countries (future Yugoslavia) and others in the region. In addition, discusses the constitutional institutions of state formations existing in the lands belonging to Polish and Polish political and historical traditions (such as the Duchy of Warsaw, the Free City of Kraków, the Galicia Autonomy in the Habsburg Monarchy) and presents extensively constitutional principles of political system of the Second Republic. Lecture on the political issues of the period ends with a brief overview of the beginning of the communist era.
(tylko po angielsku) |
The lecture focuses on shifting the rules of the state system in the light of contemporary constitutional doctrine and political practice till the 18th century - it is the first block. The second block consists of the issues and the history of Polish law in force on Polish soil, Polish Lithuanian Commonwealth and other Central European countries mentioned aboove (Prussia, Baltic states, Bavaria, Saxony, territory of future Yugoslavia) during the historical development following the order: 1. sources of law in terms of sources of law-making and learning about the law, 2. discuss the most important institutions of private law (civil) and their evolution, 3. criminal institutions and their evolution, 4. trial (criminal and civil) and 5. the institutions of justice. The matter in the final part covers the basic problems of the theory and practice of law in Poland and Central Europe in the interwar period, and the basic directions of its evolution after the Second World War. Systems contain a general description of the law after 1918.
The lecture also deal with the particular problems of the history of CE territories during the period of slavery/serfdom era and also Jewish autonomy in Polish – Lithuanian Commonwealth and other countries. The lecture consist: Polish, Czech, Hungarian medieval monarchy period, and the Polish-Lithuanian Commonwealth and other countries existing in the area of present day Central Europe as Cossack Hetmanate or Ordenstaat of German Ritters' Order of Saint Maryand later Brandenburgian and Prussian Principality in Baltic Area. Issues of legal history on Polish territory in the nineteenth and twentieth centuries with special emphasis Galicia, Congress and the lands of the Kingdom of Prussia included. Overview of sources of law as ABGB, Code Civil Code, BGB and the period of validity in this area until 1946 unification and codification of the law in 1918, the Commission Codification and the results of its work. Organization of the judiciary and law enforcement bodies. The last block/period covers the law after World War II during the initial period of unification in many CE countries. The block relating to the history of the source of legal system include: The Monuments of rights (privileges, parliamentary constitutions, articles Henrician, basic laws) and similar acts in other countries, most important in the history of the Polish constitution, such as Government Act 3 of May, the Constitution of the Duchy of Warsaw, the Constitution of the Kingdom of the Congress, the Constitution of the Free City Krakow. The system of government of Galicia in the nineteenth century against the background of political and constitutional history of the Austrian and Austro-Hungary. ther acts of this period, the political system: Autonomy of Silesia, the Free City of Gdańsk.
(tylko po angielsku) |
1. Polish Law Throughout the Ages. edited by Wienczyslaw J. Wagner, Hoover Institution Press, Stanford University, California 1991
2. Bryk Andrzej, Jewish Autonomy in the Polish Lithuanian Commonwealth from 16th to 18th century, Księgarnia Akademicka, Kraków 2013
3. Jędruch Jacek, Constitutions, Elections and Legislatures of Poland, 1493-1993. A guide to Their History, EJJ Books, 1998 Second Edition
4. Maciejewski Tadeusz The Polish Legal History from the 10th till 20th century. CH Beck, 2016
5. Davies Norman, God's Playground. A history of Poland, Oxford University Press, 2005
6. Evans R.J.W., Austria, Hungary, and the Habsburgs. Central Europe c. 1683 - 1867, Oxford University Press, 2006
7. Davies Norman, Vanished Kingdoms (selected chapters only), Penguin Books 2012
(Lecturers also deliver other books if necessary)
Właścicielem praw autorskich jest Uniwersytet Jagielloński w Krakowie.