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Stanisław Węsławski was a lawyer from the office. He was appointed by the court on appeal. Being aware of the “hopelessness” of the matter, failed to different deadlines. It was against him disciplinary action, which ultimately led to the imposition of the penalty warning.
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The dispute between naturalists and antinaturalists dates back to the 19th century but the case still remains valid. The article talks about these two opposing positions and their relevance to the legal sciences. Naturalism is based on a postulate of the universality of all studies. It states that the empirical knowledge is the only legitimate type of knowledge about the world. Moreover, the naturalists consider the methods used in physical sciences the only recommendable ones. Antinaturalists question this vision of the science. The article presents the main positions of the literature about naturalism v. antinaturalism dispute. The case is significant for the legal sciences, because its goal is to resolve the issue of scientific nature of jurisprudence and all humanities.
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The notion of the judicial control of administration exercised by specially designated authorities has been present in Poland for a long time. The first proposals in this area appeared as early as 1807, and were implemented on the basis of the French practice. In the years 1922– 939 there existed the Supreme Administrative Court, which determined the lawfulness of decisions and orders by public administration bodies in cases of breaches of particular rights or the implosion of duties without any legal grounds. It functioned as a court of appeal. After 1944 the administrative judicial system was dissolved. The solutions based on the three principal characteristics of administrative judicial system, i.e. the separation from common courts, the existence of a system of administrative courts, and the independence of their judges, were re-established in 1980. Also, a separate judicial authority was restored, referred to as the Chief Administrative Court, operating as a court of appeal with general material jurisdiction covering administrative decisions and cases of the inaction of administrative authorities despite their duty to issue such decisions. The scope of cognition of the Chief Administrative Court was gradually extending, and in 2004 a two- level model of the administrative judicial system was established, operating on an appeal basis. This model sparks off many controversies as to its practical application. The lengthiness of its proceedings is another problem of the Polish administrative judicial system.
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The present paper addresses the issue of Actio Pauliana and its juridical solution in Polish civil law in the 20th century which was based on the achievements of 19th-century legal science. Considerations about the presented institution include Roman law, civil law which was in force during the partitions of Poland (the Napoleon’s Code, of Laws of the Russian Empire – volume 10, German enactment from 1879, and Austrian legislation from 1914) and then obligations code and current civil code. It has enabled to show that contemporary juridical construction of Actio Pauliana in current civil law is only a continuation of 19th- century solutions based on Roman law.
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The Napoleonic Code, which was in force since 1808 first in the Duchy of Warsaw and then in the Kingdom of Poland, provided for the institution of personal coercion in civil matters in Title XVIII (Book III – On Different Modes of Acquiring Property). It was an enforcement measure consisting of sending the debtor to prison in order to force him to fulfill his obligations. Initially, the detention did not result in cancelling the existing debt or did not exclude the possibility of carrying out a further enforcement procedure towards the debtor. Debtors were initially kept in detention centers or taken into police custody. Separate penitentiary bodies were appointed by decision of Administrative Council in 1832. The prison service as well as provisions of the Civil Procedure Code including detailed procedures for the use of coercive measures against debtors, have been defined both in the decision of the Administrative Council of 13/25 September 1832 and in subsequent administrative regulations issued by the Government Commission of Internal and Spiritual Affairs in 1848 and 1859. The 1848 regulations referred to civil jail located in Warsaw at Leszno, but there were no specific instructions for jails in remote regions, which resulted in numerous abuses. It was not until 1859 that the Leszno regulations covered the whole area of the Kingdom of Poland. Coercive measures against debtors could be an effective means of enforcement, although the obligation to provide funding necessary to ensure the livelihood of the debtor constitutes some limitation in applying such a measure. Such a situation meant that at first the debtor tried to enforce the debt using other means. A drawback of the abovementioned institution were problems with the internal organization of the civil detention, particularly in terms of real detention of these debtors, who – according to the source material – were often at large.
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Gendarmery is a police structure which operates in rural areas. The gendarmery model emerged in the Napoleonic Empire. It was adapted at the beginning of the 19th century in the German states, Prussia, but especially in the south-German Länder where French influences were the strongest. Creation of gendarmery coincided with formation of the police idea. Originally, the police meant a state system, and finally a professional, trained and armed unit which stands guard over public order and safety. Doctrinally it referred to Polizeiwissenschaft, Kameralwissenschaft, staatlicher Eudämonismus, Staatsräson-Idee and Staatsuntertänigkeit. There appeared Verwaltungspolizei, Bagatellsachen, Mandatsverfahren. The fall of feudalism enforced creation of the police services dedicated to rural areas, but their theoretical underpinning lies in the enlightened absolutism. Not without a reason the states of the first half of the nineteenth century are called post-absolutism police states.
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The example of the nobility of the guberniya of Vilnius, who in 1810 dared to submit a series of economic demands to the Russian government, prompted a similar action amongst the nobility of the Grodno guberniya. In August 1810 a delegation was appointed that was to travel to the capital. At its head in November 1810 was Duke Xavier Drucki-Lubecki, who moved toward the Neva at the end of the same year. The delayed departure of the noble envoys was due to difficulties with the formation of the delegation and the unstable position of the governor and the guberniya’s marshal of the nobility, the lack of funds, personal animosities, and disbelief in part of the nobility in the sense of the project and its success.
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The article presents and evaluates the state of research concerning the history of modern criminal law science in Poland. The author indicates that these studies have been conducted by legal historians and criminal law experts. Over the last 30 years, there appeared a number of historical and legal contributions to the biographies and works of distinguished Polish lawyers of the 19th and early 20th centuries. In addition, criminal lawyers published a monograph on the most eminent Polish scholar – Juliusz Makarewicz. They also contributed to re-edition of many works by Makarewicz.
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In the 19th century, scientific-literary and artistic salons have already had a long tradition in Polish culture. Since they derived from the French model, they were usually organized by aristocrats. In the second half of the 19th century, Polish intelligentsia, including lawyers, organized similar meetings, which led to a social intermingling of their profession. They regularly met in the private houses of Warsaw lawyers, such as Edward Leo (1828–1901), Aleksander Kraushar (1843– 1931), Lucjan Wrotkowski (1847–1902) and Adolf Suligowski (1849–1932). Professional as well as scientific, literary and artistic issues were discussed at the meetings. Newly published Polish and foreign books were presented, fragments of texts were read and discussed, which propagated book culture in the circles of Warsaw lawyers.
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In the Duchy of Warsaw it was impossible to bring the official before the court without the prior opinion of the Council of State and the consent of the king. Before the Council of State appeared: Bernard Rose – municipal president of Poznań, Józef Rokossowski – mayor of Gniezno, Aleksander Żychliński – sub-prefect of the district of Poznań, Stefan Garczyński – sub-prefect of the district of Krotoszyn, Stefan Unrug – sub-prefect of the district of Babimost, and Florian Rożnowski – sub-prefect of the district of Krobia.
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The paper discusses the relations between the Galician autonomy authorities, particularly those of the National Department, and Jan Matejko, the most prominent 19th-century Polish painter. These relations reached their climax when the Galician Sejm purchased a collection of items of national significance which belonged to the artist. Noticeable efforts were made during the establishing and subsidizing the museum in Cracow which was named after Jan Matejko. In addition, the paper describes the contribution of the National Department to the preparation of Jan Matejko’s funeral. The description relies on the material – previously not explored – stored in the State Archives of Lviv. The paper sheds a new light on the previously unknown facts illustrating the attitude assumed by the Galician autonomy authorities toward the Galician 19th-century national art.
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During the Ancien Régime in France, marriage was indissoluble and only separation was allowed. The Constitution of 1791 declared that marriage was only a civil contract (the principle of the indissolubility was rejected). The law of 1792 abolished separation and allowed to get a divorce, which was easily accessible – even incompatibility of temperament could be a reason for untying a marriage knot. During Robespierre’s rules, liberal law of 1792 was even more liberalized. After the Thermidorian Reaction, conditions of obtaining a divorce were tightened but the law in that matter was still liberal. It was not until the introduction of the Law of 1803, that the number of grounds for a divorce was limited. In 1804, the Law of 1803 became the part of the Code Civil.
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Mikhail Mikhailovich Speransky (1772–1839) was a prominent Russian activist state. In March 1812, he fell from favor with the Emperor Alexander I. He was expelled from St. Petersburg and ordered to reside first in Nizhny Novgorod, and then in Perm (the estate of her daughter, Wielikopole), in the province of Novgorod (the European part of the Russian Empire). In 1816, Alexander I appointed him the governor of Penza, and in 1819, governor-general of Siberia. He ordered him to review the three-province: Tobolski, Tomsk and Irkutsk. M. Speransky made a successful fight against corruption. He started the development of these provinces. In 1821, he was appointed by Alexander I a member of the Council of State, and in 1839, he received the title of count from Nicholas
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Sergii Shchukin’s collecting was studied as well as his role in the cultural development of Russia (end of XIX – beginning of XX centuries). Particular attention was paid to the patronage activity of Sergii Shchukin in the formation of the world's art collections.
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The article authors reveal the history of creation and operation of Nikolayev the Sea assembly.Based on the studies show the role of the Sea assembly in the cultural life Nikolayev XIX – XX century.
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Actuality of the article are consists of creative the famous Ukrainian composer’s at the XIX-th century, which development into the complicated history and cultural condition’s. It is characterize of the basis achievement in to the branch chamber and vocal music of the national theatre and сreative work Ukrainian I.Kotlyarevskogo, G.Kvitky-Osnovjianenka, K.Stetzenka in the context of national culturality during the XIX-XX century. Also present forming of the opera genre in the creative S.Gylaka-Artemovskogo, P.Sokalskogo and M.Lusenka. All these questions of charakterycal in the system of studies of art and Ukrainian study researches on principles of modern gumatitary methodology.
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This paper considers the descriptive-extensive method used by Russian orientalist ethnographers in their Eurasian studies during the era of “geographical race”, i.e., in the last third of the 19th century. In the Russian Empire, the Military Ministry, Imperial Geographical Society, and Academy of Sciences organized geographical and ethnological expeditions to Central Asia. Field diaries are the main sources for the study. They served as both a means of recording heterogeneous data received by the researcher on a certain day and documents that described the daily life and expeditionary results. For comparison, the materials of the first expedition to New Guinea by N.N. Miklouho-Maclay (1871–1872) and the journey to Tuva (1889) and Xinjiang (1890) by N.F. Katanov have been taken. The comparison is possible from several perspectives, including the preference given by both researchers to working alone or with a small group of assistants, stationary studies in the local community. The analysis of the expeditionary materials and equipment has shown that the activity of solitary researchers was inseparable from the foreign policy priorities of the Russian Empire. Furthermore, the materials collected were important for military intelligence, not only for the relevant branches of science. Therefore, the common view of N.N. Miklouho-Maclay and N.F. Katanov as pure scientists, who were distanced from the main political problems of their time, needs comprehensive revision.
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The article analyzes and researches into the views of Russian conservators and nationalists of the second half of the 19th – the early 20th century on one of the most important aspects of the national question — «Russian question». The author attempts to characterize the ideas of the most prominent representatives of the pre-revolutionary conservative camp (M. N. Katkov, K. N. Leontiev, A. A. Kireev, V. M. Purishkevich, N. E. Markov, M. O. Menshikov etc.) about criteria of the notion of «Russians» and its content. Based on many sources, particularly under-reported publications in the pre-revolutionary press as well as studies of the foremost present-day academic specialists in the Russian conservatism and nationalism, the author provides a variety of opinions on the notion of «Russians» existed in Russia in the late-imperial period. The author proves that the representatives of the conservative camp, though not having a unified position about boundaries of the notion of «Russians», by and large were alien to the primitive ethnic nationalism. The notion of «Russians» was never limited to the concept of «Great Russians», but by absorbing it, was comprised of a significant number of subjects of the Russian Empire who identified themselves with the Russian culture. Even those among Russian conservators and nationalists who restricted the right of affiliation with Russian people only by Great Russians, Little Russians and Belarusians, did not deny the possibility of widening the criteria of the notion of «Russians» for account of the representatives of other ethnic groups who blended into Russians. Therefore, even within the most narrow interpretations of the notion of «Russians» the conservators of the second half of the 19th – the early 20th century never reduced it to the principles of ethnic purity, blood ties or racial-biological criterion, alien to the orthodox tradition.
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The study of the history of University education in Russia is one of the most important and actively developing direction in modern Russian historiography. Special importance in the context of this kind of research have the works of L. P. Lapteva (2005 and 2012), dedicated to the history of Slavonic studies in Russia in the 19th – the first third of the 20th century. The specific of the Slavic specialization in the University educational process and the history of Slavonic studies in Russia analyzed by researcher in detail. However, a number of issues that are of direct relevance to the teaching and research activities of the St. Petersburg Slavic scholars, requires more detailed study. The important fact to note is that the state of historiography and archival collections testifies to the insufficiency of elaboration of the creative heritage of Slavic scholars such as P. I. Preuss or V. I. Lamansky. Besides that still out of sight of historians are, for example, the printed works of N. I. Kareev, devoted to Polish history, which cannot be analyzed outside the context of Russian-Polish scientific contacts. When setting problems in the study of the history of the St. Petersburg Slavic studies separately should be said about the necessity for special study of works created by members of the interdepartmental Slavic sector, which successfully operated on the historical faculty of Leningrad University since the late 1950s. Among other things, the priority tasks of modern Slavic studies, including the history of Slavonic studies, should include the revision / rethinking of some key concepts that the Slavist and historian of Slavonic studies currently operate, without which there is hardly possible a more adequate understanding of past and present Slavonic studies.
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The concept of lie corresponds in Dostoevsky’s novel “The Demons” with the concepts of truth /Verity, indicating a hidden connection of the novel with the gospel texts, in isolation from which it is impossible to perceive the deep meaning of this work. In the novel the word “Verity” is often used in the context of the concepts “faith” and “people”. These concepts reside in the conception of soil that forms the basis of the theory of pochvennichestvo, and are related to the Messianic idea of Russia. Based on false notions actions and words of the characters-“demons” (Stavrogin, Pyotr Verkhovensky and the other members of the revolutionary cells) overlap and interact with actions and words of Shatov, a “new man” who accepted the Verity of Christ. Dostoevsky constantly puts the questions before the reader: where is truth and what is it? what is Verity? The article comes to the conclusion that “lie” and “truth” as such in the novel “Demons” are not antagonistic, but serve to make visible the evangelical Verity in the novel.
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