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Analysis of Roman sea loan from the modern perspective of Project Finance has been now conducted in the relation to the methods of gaining profit. In pecunia traiecticia interest where considered not as a remuneration for usage of creditors money but as the price for taking over the risk by the creditor. Thus the Latin phrase periculi pretium (D. 22,2,5) has become so famous. The unique character of the interest caused the evolution of the legal construction of the sea loan. At first it was necessary to agree on the fenus nauticum in the stipulation added to the loan. Then, jurisprudence confirmed the possibility of suing debtor for interest also on the ground of the mere pactum. Another aspect of the sea loan which implies the similarity with Project Finance was the privileged position of interest which were not constrained by the legal limits of interest as in the case of typical mutuum. Strict connection between the contract of sea loan and the risky venture one can easily notice when taking into consideration that the agents of creditor were participating in that venture together with the debtor. Moreover, the creditor received not only the loan and the interest but also a remuneration for time which his slaves spent with the debtor. The additional stipulation for agents participation and the character of liability of debtor’s heirs provide a new perspective of the sea loan as a mean to finance risky ventures in antiquity. Modern Project Finance resembles to high extent the ancient solution and that enables further studies on the topic.
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The deliberations presented in the article have been devoted to the functioning of the institution of “credit money” at the time of the late Roman Republic. In the modern times, the concept of “credit money” refers to receivables which a natural or a legal person is entitled to and which may serve to acquire goods or services. An analysis of the sources from the period of the Late Roman Republic allows one to conclude that the purchase and sale of receivables for the purpose of settling accounts was known to the Romans, and moreover, it allows one to study the phenomenon of the extent of the use of “credit money” during that time. It is particularly Cicero’s “Letters” which indicate that non-cash settlement of transactions was commonly resorted to particularly when using metal coins was difficult or even impossible due to the high value of the negotiated transaction. Taking into consideration the necessity of ensuring security to this type of transactions, it is impossible to ignore the role of bankers as professional intermediaries who were responsible for creating the right conditions enabling one to make payments at a distance.
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The use of principles in the legal practice, which are quite often expressed in Latin, is associated with various intentions. What is important is that they should be used, both in research and in the professional practice, in full awareness of their origin and context. The Latin maxims, legal maxims or rules emphasize the Roman origin of the European private law. One of such maxims is nemo plus iuris ad alium transferre potest, quam ipse haberet. Its original context was associated with inheritance law. The Justinian’s compilers endowed it with the value of a universal rule. The adage is associated above all with private law, although it was also made use of in the sphere of public law. It occurred in many different variations; in order to find its original wording, one has to consult the 17th Title in the 50th Book of Justinian’s Digest. In order to make good use of the maxims one has to take into consideration their wider context – the legal system at the time of Ulpian differed considerably from the one used during the Justinian’s era. Nemo plus iuris had also played a significant role in the law of obligations. In classical Roman law and in the times of empreror Justinian, the maxim was a rule of law and as such it allowed of no exceptions. For the correct interpretation and use of maxims it was also necessary to take under consideration the related maxims. In the case of nemo plus iuris such a maxim was nemo sibi ipsum causam possessionis mutare potest. The Latin legal maxim is often used in Polish legal discourse, although it is not directly expressed in statutory law.
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The range of the real freedom of contracts in private law was both a growth factor of societies as well as a measure of the extent of their internal changes. The practice worked out by the Roman lawyers, though limited formally by contract nominalism, became the basis of modern-day solutions. In spite of a simultaneous reconstruction of the social and economic systems which may be summed up after H. Maine as a development from status to contract – the principles of the freedom of contract together with their fundamental limitations, had remained valid. In this context, one may mention the laws which protect the rights of economically weaker subjects, such as the ban on the loss of the pledged asset (lex commissoria), the permissible relation of the price to the value during sale transactions (laesio enormis), maximum prices on basic goods (edictum Diocletanii de pretiis rerum venalium).A special but continually valid issue which is analyzed, among others by Cicero, is that of mutual honesty of vendors and purchasers: to what extent can they make use of the information which is unknown to the other party; at what point we can say that they have overstepped the boundary-line of stratagem. As regards the latter issue, there is no uniformity of opinion in different legal systems; it seems that it is the principle of maximum facilitation of trade that takes the upper hand and is not unknown to the Roman law. The author of the article also analyzes the beginnings of actio de dolo and the different contemporary court experience. In conclusion, the author poses an open question concerning the future of contract law in view of the too far advanced freedom of contracts.
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Latin, whose origins reach back to the Proto-Indo-European language, pervaded the European culture beginning with the Roman times and its influence continues until the modern era. It arose in its primal form in Latium on the Apennine Peninsula and it continued to develop together with the Roman Empire; it was subject to the influence of other cultures, particularly in the sphere of the spoken language. It was also during Roman times that literary Latin was created, but around that time another variety of Latin as spoken by the lower social classes was also born; this division exerted an immense impact on the evolution of Latin and the derivative European languages in the Middle Ages and in the modern era. Classical Latin was popularized in Europe chiefly by the Church; it functioned as a language of instruction at universities and it became the language of communication of both men of the world of learning and men of the law. In the Middle Ages Latin became rejuvenated, subjected to various modifications, including a process of regionalization. The Renaissance brought about a return to the classical variety of Latin and a desire to purify it from the accretions of the Middle Ages. Latin remained to be very much alive in the era of the Enlightenment, yet it also began to lose its significance in relation to national languages. The origins of legal Latin which initially was not only a technical language, reach back to the writings of Roman jurists. Initially legal language relied heavily on real-life social and economic relations. Yet already in ancient Rome, abstract concepts had been used in Latin and the nomenclature of legal institutions was evolving. This process continued throughout the mediaeval times. A good example of an outstanding expert on Latin in Poland was Wincenty Kadłubek. In Poland Latin had been a universal language, particularly in the sphere of the judicial system. This was combined at the same time with the progressing Latinization of the Polish legal language. Dictionaries were yet another important aspect of the functioning of Latin – in Poland they began to be published in the 14th century. Translations of legal texts into Polish, beginning with the translations of the Statutes of King Kazimierz Wielki, were also popular in mediaeval Poland. Such translations are also a common practice today – the directive which bids to use Latinized forms of technical terms, rather than their Polish translations which are often descriptive and resort to neologisms, seems to be quite justifiable. Though rarely used and hermetic, Latin seems to persist and is waiting to be rediscovered.
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The paper sheds light on a rather narrow aspect of the history of Knights Templar, analyzing it from the point of view of its internal disciplinary legislation. As an order grouping knights, in its statute, the Order made numerous references to discipline and the penal system. In the paper, the author characterized the various preserved copies of the Order’s Statute, out of which as many as 15 have survived until the present times; subsequently, he referred to the so called hierarchical statutes of the Order; among others, the latter defined in detail the disciplinary responsibility of Order members. On the basis of the above sources, the author divided the disciplinary measures into groups, beginning with the most restrictive ones and ending with the penitential and expiatory ones. He showed the types of offences which, when committed, threatened the wrongdoer with a loss of a home or tunic, as well as minor offences for which one could adjudicate penance or else abandon the idea of punishing the culprit altogether. The author described the procedure which initiated disciplinary proceedings as well as the penitential practices of the penitent. He also provided pertinent examples of violations of the Statute by the Templar Brothers, relying on source materials.
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The present paper briefly surveys the developmental lines along which Polish customary and statutory legal systems have evolved. Emphasis is placed on the time period up until the Third Partition of Poland. Originally, Polish law formed a customary system. However, in the course of centuries, this system was partially modified by statutory law, the statutes being first the creation of the monarchy and later that of the parliament. Customary law, however, remained predominant due to the power of the Catholic Church, as well as Poles’ reluctance to abide by Roman law. Between the thirteenth and fifteenth centuries, customary law began being compiled into various collections. At the same time, statutory law began to appear, for instance, in the form of royal privileges for the nobility, sometimes issued in consultation with a large body of the monarch’s advisors assembled in so-called colloquia. The latter, as the proper place for the monarch to adopt statutory rules, laid the foundation for future parliamentary structures. Thus, customary and statutory law coexisted in Poland during this time period. Land law, on the other hand, was overwhelmingly customary in nature even in the fifteenth century. Then, in the sixteenth century, attempts were made to replace the custom with a codified land law system. The statute frequently performed a complementary role vis-à-vis the custom and supplemented principles contained therein. In some cases, however, the statutory law would contradict older practice and tradition, thereby introducing new norms. In the sixteenth century, when regular parliaments (Sejms) began to fully function, the old ius ducale, which once allowed the monarch to intervene in the substance of customary law, ceased to exist. Additionally, the nobility, who controlled Sejm activities, showed no real intention of intervening in the custom. Ultimately, during the mid-sixteenth century, the legislative nature of customary norms ceased to be questioned. Two old Polish institutions – life annuity between husband and wife and the securing of a loan by mortgage – exemplify the predominant role of the custom over the statute. This tendency is particularly evident in penal law, homicide being a prime example. Statutory law, on the other hand, was more successful in the area of procedure. However, it is possible to encounter the same tendency as in the aforementioned institutions of private and penal laws, an example being the old Polish possessory trial. The coexistence of the custom and the statute in the Polish legal system is supported by a long-lasting tradition, the role of the custom being not entirely eliminated even today
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An intensive development of Polish parliamentarism took place in the 15th century; the composition, procedures and competence scope of the General Sejm (Polish parliament) were being established, an example of which may be the principle that the Polish gentry was to be represented in Parliament by elected deputies – two from each land. Among the numerous regulations established at all kinds of conventions which took place in the early period of Polish parliamentarism, there were issues devoted to cities and town dwellers. Among them, one should mention, among others, regulations relating to trade and trade routes, those counteracting the high costs of life, changes relating to the principles of court proceedings, and taxes. Numerous regulations had to be reevaluated and reconsidered at successive parliamentary sessions, also in the 16th century, which testifies to the fact that due to the resistance of the townsfolk, the regulations passed by the sejm, had not been applied. Yet the overall evaluation of parliamentary legislation dating back to the early period of Polish parliamentarism, does not allow one to conclude that this legislation was unequivocally anti-urban. Numerous laws and regulations which had been passed in the interest of the gentry were also favorable to the townsmen.
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After the death of its creator, Peter I, Russia owes the continuation of the task of building the empire to four women – Catherine I, Ann, Elizabeth and Catherine II. The above four women had played an important role in the development of the autocratic system in the Russian state. The power of a Tsarist autocratic ruler was the foundation of his political position at least until the middle of the 19th c. The effectiveness in the execution of the rulers resolutions decided about this right to the throne; it constituted a specific legitimization of power. A weak ruler was often removed through armed rebellion or the spreading of rumors whereas a “true,” strong tsar was installed in his place. The imperial power in Russia was unlimited – it was believed to come from God and sometimes it was even identified with the will of the Nation. The latter theory was opposed by Marxist historiography which gave priority to the social-economic structure of Russia. The women ascended to the throne at a difficult moment in Russia’s history, namely after the death of Peter the Great; they were the potential target of attacks from the aristocratic, court, and army opposition circles, as well as the so called Old Believers, or even ordinary people. The rule of Catherine I who became the successor of Peter and the rule of Peter II, was marked by the stigma of rivalry among the aristocratic and courtly circles. Thanks to the support of the Supreme Privy Council, after the death of Peter II, it was Princess Anne of Courland who ascended to the throne in Russia. The assessment of her rule in historiography varies considerably – for instance, the influence of Anne’s favorite – Biron has been rather negatively assessed. The above pejorative appraisal of Princess Anne’s rule may have its source in the way in which the contemporaries tried to justify the Elizabeth’s coming to power in 1717. Anna became a ruler thanks to the support of aristocracy which strove for power in Russia. She accepted the “Stipulations” – or written conditions of her ascension to the tsarist throne; the latter had limited the ruler’s prerogatives. The Imperial Guards and the gentry under the leadership of Prokopowicz and Tatiszczew had stood on the side of strong tsarist rule. Having taken advantage of the support that was granted to her, Anna had seized autocratic rule, liquidated the Privy Council, crushed the opposition of the aristocrats and resumed a continuation of the reforms in the manner of Peter the Great. She strengthened tsarist autocratic authority, laying the foundations for this form of government for the decades to come.
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The article is devoted to an analysis of a legal regulation of 5 April 1837 entitled Policing Foreigners in the Free City of Krakow and published during the period of the occupation of the Free City of Krakow by the armies of the partitioning powers. The above publication constitutes an interesting legal regulation chiefly due to the fact that in its title and content one comes across the term policing which had been used here as a synonym of authoritative activities undertaken by state authorities and also because the term introduced a far-reaching administrative control associated with foreigners and their stay on the territory of the Free City of Krakow. The model of administration adopted here was associated with the goals of a police state and served to preserve the existing system of power, based on its close dependence on the partitioning powers. The regulation entitled Policing Foreigners… constituted a collection of legal norms which defined the direction of the authoritative activity of the administration and marked out the legal boundaries of the state’s interference in the life of individual citizens for the realization of the state’s function consisting in maintaining order and public safety.Among some of the legal instruments which served to realize the above-mentioned goal and which were defined in the Regulation one could find: passport control, issuing of visas, obligation to register one’s stay, obligation to obtain a card of free stay, keeping official registers, control of foreigners’ stay in Krakow, as well as observation of suspicious individuals. Policing Foreigners… extended to two spheres of activity of police authorities: uniformed and superior police
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In modern times the subject of penal fiscal law, similarly as that of penal military law, holds a special status within the broadly understood branch of penal law. The beginnings of penal fiscal law are associated with the history of penal administrative law. The institution of the police in Europe took over the majority of the tasks concerning security and public order. The same system was also introduced in Prussia in the 18th century. The Prussian police dealt with the so called “police offences”, to which there also belonged fiscal offences, often referred to as “contraventions”. They were defined in the Prussian Landrecht (general code of law), as well as in specific provisions. Altogether, they made up a system of penal and administrative offences. Besides the French (judicial) and Austrian (judicial-administrative) model, there also arose a Prussian penal-administrative system which had an intermediary character; in the latter system, the above types of offences were handed over to the competence of administration with the option of vindicating one’s rights in a suitable court of law. In the 18th c. Prussia, the penal-fiscal offences belonged to the competence of Kammerjustiz which applied a court procedure. The Warsaw Duchy had standardized the penal fiscal law by adopting the Prussian model – penal and fiscal offences were left to the competence of administrative institutions, with the option of making an appeal in court. At the same time, substantive law, based on Prussian legislation, was applied. On the territory of the Kingdom of Poland, administration had been reorganized, leaving the penal fiscal cases in the hands of the administration. However, in everyday practice the right to vindicate one’s rights in a court of law had been retained. The system had been altered in 1824 in consequence of which court proceedings in courts of second instance had been done away with and some cases had been referred to the so called administrative penal courts. This model operated until 1867, though it was modified a number of times, for instance in connection with the abolition of customs borders with Russia in 1850. Substantive law was based on the legislative system of the Warsaw Duchy of 1809; the latter had been supplemented by special provisions. The defeat of the January uprising had led to the introduction of Russian regulations on the territory of the Kingdom of Poland
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The university career of Józef Reinhold had not been particularly long, as it lasted merely ten years (1918–1928). Due to his premature death at the age of 44, he occupies a rather peripheral place among the luminaries of Polish penal law, remaining in the shadow of such famous professors as: Edmund Krzymuski, Juliusz Makarewicz or Józef Rosenblatt. Yet the academic achievements of Józef Reinhold, and particularly his paper entitled Preventive Measures Against Criminal Offenders published in 1913, puts him among the ranks of the precursors of a sociological approach to the Polish penal law in the 20th century. He was also the first propagator of criminal policy on Polish territories which he regarded as a separate discipline of law. Thanks to the academic research conducted by Józef Reinhold, the sociological approach to criminal law had been more widely recognized on Polish territories which found its most tangible reflection in chapter XII (“Preventive measures”) of the Polish Penal Code of 1932. However, the merits of Józef Reinhold in propagating the principles of the sociological approach to criminal law had been overshadowed by the academic achievement of Julisz Makarewicz, the author of the Polish penal code. A considerable part of Józef Reinhold’s professional career was associated with the Krakow jurisdiction (1910–1921). Contrary to his colleagues, fellow professors and masters, Józef Reinhold was not “a boisterous character and was always characterized by moderation”. This trait of his character may be one of the reasons why in the history of the Polish science of law and in the history of Polish Jews, professor Reinhold did not find a deserving place which was definitely due to him, taking into consideration his original and creative academic output, and the attitude of a “good, talented Jew as well as a staunch defender” of Judaism
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The Sodality movement has been initiated in the 16th c. and it was around then that the first sodality organizations were created in Poland. The Sodality of Our Lady for Women Students and Female Participants of Higher Courses in Krakow was founded in 1906; it co-created the Krakow sodality movement in the interwar period together with the Sodality Movement of the Academicians at the Jagiellonian University, the Sodality Movement of the Academicians of the Academy of Mining and the Sodality Movement of the Students of the Higher Commercial College in Krakow. In 1925 the Sodality of Our Lady for Women Students and Female Participants of Higher Courses in Krakow became transformed into the Sodality of Our Lady for Women Academicians and when the ruling concerning academic associations was introduced in 1933, the organization had changed its name into: Sodality of Our Lady for Women Students of the Jagiellonian University in Krakow. The latter organization had laid special emphasis on religious instruction and spiritual formation of its female members, which is a characteristic feature of all sodality movements. But apart from the activity which was focused on the spiritual sphere, the Sodality movement also provided assistance in the strictly material sphere both to sodality members and persons from outside the organization – among others, to children, those in need of material aid or the sick who were undergoing treatment in St. Lazarus or St. Ludwig Hospitals in Krakow.
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The Promethean movement in the policy of II Republic of Poland consisted in offering support to the independence movements and strivings of the peoples making up the then Soviet Union. With active participation of the Ministry of Foreign Affairs (henceforth referred to as: MFA), II Branch of the General (Main) Command – intelligence services and a number of research institutes, close contacts had been maintained with the émigré governments and politicians representing various nations of the Soviet Union. In recent years, the pressure of current policy has led to a renewed interest in issues relating to Prometheism, which brought about a crop of a number of valuable papers devoted to the interwar period. A lot has already been written about the Promethean movement following the end of the Second World War. Yet relatively little has been written about the war-time history of the movement. The documents presented below are associated with the war period, following the Soviet invasion of Finland. Among the circles of the French and British staff officers there even appeared a conception of bombing the oil fields in the Caucasus – naturally taking advantage of the Turkish airspace and the French military bases on the territory of Syria. It was thought that the subjugated nations in the Caucasus would then rise up against their oppressor. It was in such an atmosphere that a meeting between the representatives of the Caucasian nations and W. Bąkiewicz, which constitutes the subject-matter of analysis contained in the first of the published documents, took place in Istanbul. The second document is a translation of the treaty of the Caucasian Confederacy whereas the third document dates back to the autumn of 1940 and constitutes a commentary to the memorial concerning Promethean issues submitted by a reporter and Promeathean activist W. Pelc; the commentary had been written by Prof. Olgierd Górka, an expert of the Polish government in exile specializing in ethic issues. The above documents are associated with a rather peculiar and paradoxical situation which arose after the fall of the Polish state when for a brief period a time, thanks to propitious political circumstances, Prometheism had a chance to succeed. The conception was to have been realized in cooperation with the allies – France and Great Britain; the pact between Poland and the Allies was to have been directed against the totalitarian Soviet system and indirectly against the Nazi system. However a change of the international situation had quickly made the realization of these plans impossible.
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The Slovak aggression on Poland in September 1939 had led to an incorporation of 14 villages situated in Upper Spiš, the so called Zamagurie, into the Slovak state. The parishes which were situated on this territory (functioning as the Spiš Deanery in the Polish Church administration) had passed to the jurisdiction of the Spiš bishop, having previously been excluded from subordination to the Krakow archbishop. Six Polish priests had remained on their posts until April 1940. The priestly services performed by them caused numerous legal problems. An example of such problems may be the provisions of the personal marriage law which remained in force in Slovakia, particularly as regards the civil-legal effectiveness of the marriages contracted before Polish priests; in view of these provisions, such marriages were considered invalid, unless the priest had taken an oath of allegiance to the Slovak state. The situation of the Polish priests had led to arguments between the bishop metropolitan of Krakow Adam Sapieha and the Slovak church hierarchs or else the Slovak lay authorities. Contrary to the widespread opinion to be found in Polish research as well as in the popular opinion, the Polish priests who had been deprived of their parishes were not at all mistreated. They returned to the General Gouvernement or else were also placed in Slovak monasteries. Repressions directed against Polish priests concerned above all their negative attitude towards the Slovak state and the local population. In the years 1940–1945, it was the Slovak priests who were in charge of the Spiš parishes. After Upper Spiš had been taken over by the Polish army, the Slovaks, including the priests, were subjected to repressions. The example of priest Franciszek Móš who, following a few months spent in custody, was subsequently expelled from Poland, is not an isolated case. By the end of 1945, the Slovak priests had left the territories which were taken over by Poland. After taking over the recovered parishes, the Polish priests discriminated against Slovak parishioners, among other by making it difficult for them to perform the religious rites in the Slovak language. Such conduct was the cause of the complaint lodged by the Consul General of Czechoslovakia with the Polish authorities. The attitude of the Polish priests was on the whole accepted by the Polish church hierarchy, including the bishop metropolitan Adam Sapieha.
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Professor Dr. Michał Patkaniowski (1907–1972), a distinguished professor at the Faculty of Law and Administration of the Jagiellonian University, had deserved his right to fame as an outstanding scholar and efficient organizer of academic life. His silhouette has been presented in numerous biographical notes, including the Polish Biographical Dictionary. Yet what seems particularly worthy of recalling here are his efforts to expand the library collection of the historical and legal chairs. Thanks to his efforts, the collection became enlarged by over 3000 books which had been withdrawn from the libraries of Krakow courts as well as from the libraries of other courts in Krakow’s surroundings
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The Civic Court in London was brought into existence on the strength of a Presidential decree of 8 September 1950 concerning Civic Courts in Exile. It consisted of a General and a Civic Department. Its main objective was to adjudicate on matters relating to acts that were reprehensible from the point of view of the Polish political exiles, but at the same time indifferent in the light of the British law. The most active period in the operation of the Polish Civic Court in London occurred in the years 1951–1954, that is at a time when it was headed by Stanisław Krause. After the rupture within the Polish émigré circles, the London court remained a presidential organ, although a considerable number of its judges moved to the faction grouped around the Polish Council of Three. This had led to the organizational decline of the court and ultimately to is practical liquidation in the first half of the sixties.
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The “culture war” is a term which refers to a fundamental dispute over the identity of western civilization. In the United States it was revealed in the contention concerning anti-communism. Norman Podhoretz and his monthly “Commentary” had played a significant role in it. The above journal, published by the American Jewish Committee was “an offensive outpost” of neoconservatism which was just being created in the USA. The publications related, above all, to topics associated with culture, religion, as well as international politics. The intellectuals associated with the “Commentary” fought against anti-Americanism, leftist-liberal counter-culture and communism. They were criticized by thinkers representing the American radical liberal left who drew on the policy of F.D. Roosevelt, H. Truman and J.F. Kennedy. The neoconservatives criticized the policy of concessions towards the Soviet Union, paving the way for the views and activities of R. Reagan several years later. Relying more on empiricism and “commonsensical” thinking than on a theoretical approach to natural law, Podhoretz and his adherents criticized the conduct of the liberals. As a literary critic and columnist, Podhoretz was known for his rather boisterous and open style of writing. Regarded as a great threat by the progressive left, he undermined the very principles of historical determinism and exclusive legitimization of leftist political views. Although by no means an exception, through his activities he was able to exert an effective influence on the American society. He led to the emergence of phenomena which did not exist in Europe dominated by the so called generation ‘68. The anti-communist rhetoric propagated by Podhoretz had clearly helped R. Reagan in his race to the presidential office. The sources of Podhoretz’ views can be seen in his relationship to literature and art which constitute a reflection of the truth about the humankind. He was opposed to treating them exclusively as a tool, but also rejected their complete autonomy. He valued the moral values rooted in the Judaic religious system and negated the so called “superiority complex” of numerous leftist intellectuals. Such a system of values had exerted a strong impact on his subsequent views, which were strongly publicized in the “Commentary”.
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The article discusses the problem of evolution and the premises used in applying the English concept known as promissory estoppel. The birth of this legal concept has been discussed on the example of the most important court cases, the so called leading cases, such as, among others, that of High Trees (1947) and Combe v. Combe (1951), in which it was lord Denning who adjudicated. In the article, the author also analyzes the general principles of invoking promissory estoppel. He indicates that in the course of a court trial it is necessary to prove the existence of a promise, on the basis of which the person who was promised something, while acting in accordance with the common sense, decided to withdraw and by undertaking certain definite steps ultimately suffered a loss, whereas withdrawal on the part of the person making a promise would be unjustified. The author of the paper made an effort to try to answer the question whether the abuse of right clause mentioned in Art. 5 of the Civil Code may be regarded as the Polish equivalent of promissory estoppel.
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