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Abstract

Research in the area of the history of law seeks to understand the instrumentality of law through two broad themes. Law may be considered as an instrument either (1) from the perspective of the analysis of techniques (functional approach) or (2) of objectives (axiological approach). Within the first approach, the conducted research may focus on how legal problems are identified and their solutions developed, whether autonomously or by transplantation and subsequent adaptation. Within the second approach, a historian of law may explore how law can transform reality, especially as a tool of modernisation and/or as a means to shape and strengthen national identity or other goals defined from the point of view of national interest. The presented book brings together texts whose authors conducted their research on both planes.

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

Abstract

The turn of the 18th and 19th century was a period of dynamic changes within the public administration of Poland. They resulted from political reconstruction and following establishment of various forms of state (after the fall of the Polish-Lithuanian Commonwealth, the Duchy of Warsaw was created and later a Kingdom of Poland) together with changing views on the shape of administration among Polish elites. These reasons enable to perceive Poland as a historical laboratory, an interesting case study on the circulation of legal models which was a dynamic phenomenon in the scope of administrative law and others. The unique environment of a very dynamic transformation from anachronic forms of state and law at the turn of 18th and 19th century can serve as an exceptional example of Great Narrative about the legal transfers. It has to be noted, however, that the previous solutions were not deprived of original elements, adapted to the ideas of the Enlightenment, liberalism and constitutionalism. West European ideas (mainly French) and particular legal solutions were a trigger for Polish development, though creatively adapted with the use of native legal culture and state tradition.

In: Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Abstract

The turn of the 18th and 19th century was a period of dynamic changes within the public administration of Poland. They resulted from political reconstruction and following establishment of various forms of state (after the fall of the Polish-Lithuanian Commonwealth, the Duchy of Warsaw was created and later a Kingdom of Poland) together with changing views on the shape of administration among Polish elites. These reasons enable to perceive Poland as a historical laboratory, an interesting case study on the circulation of legal models which was a dynamic phenomenon in the scope of administrative law and others. The unique environment of a very dynamic transformation from anachronic forms of state and law at the turn of 18th and 19th century can serve as an exceptional example of Great Narrative about the legal transfers. It has to be noted, however, that the previous solutions were not deprived of original elements, adapted to the ideas of the Enlightenment, liberalism and constitutionalism. West European ideas (mainly French) and particular legal solutions were a trigger for Polish development, though creatively adapted with the use of native legal culture and state tradition.

In: Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Abstract

Research in the area of the history of law seeks to understand the instrumentality of law through two broad themes. Law may be considered as an instrument either (1) from the perspective of the analysis of techniques (functional approach) or (2) of objectives (axiological approach). Within the first approach, the conducted research may focus on how legal problems are identified and their solutions developed, whether autonomously or by transplantation and subsequent adaptation. Within the second approach, a historian of law may explore how law can transform reality, especially as a tool of modernisation and/or as a means to shape and strengthen national identity or other goals defined from the point of view of national interest. The presented book brings together texts whose authors conducted their research on both planes.

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
In: National Tradition or Western Pattern?
In: National Tradition or Western Pattern?
In: National Tradition or Western Pattern?
In: National Tradition or Western Pattern?
In: National Tradition or Western Pattern?
In: National Tradition or Western Pattern?