The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernization – transforming existing reality into what is seen as modern. The need for modernization, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes
Modernization, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and
Modernization, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem.
Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.
Michał Gałędek Ph.D. (2010), University of Gdańsk, is Professor in the Department of Legal History, Faculty of Law and Administration. In his research he focuses on the Polish administration, judiciary, constitutionalism, and political thought at the beginning of the 19th century and in the interwar period.
Anna Klimaszewska Ph.D. (2011), University of Gdańsk, is Assistant Professor in the Department of Legal History, Faculty of Law and Administration. In her research she focuses on the influence exerted by the French law on the shape of the Polish legal system, commercial law, civil procedure and national legal identity in the 19th century.
Table of contents
Notes on Contributors
Residential Right in the Course of Time: Changes in the Legal Institution of the Inkolat in the Bohemian Crown Lands Jiří BrňovjákandMarek Starý
Legal Transfers and National Traditions: Patterns of Modernization of the Administration in Polish Territories at the Turn of the 19th Century Michał Gałędek
National Modernization through the Constitutional Revolution of 1848 in Hungary: Pretext and Context Imre Képessy
Restoring the Hungarian Historical Constitutional Order with a Coronation in 1867 Judit Beke-Martos
The Privy Council Appeal and British Imperial Policy, 1833–1939 Thomas Mohr
Direct Impact on Hungarian Migration Policy of the 1870 Agreement on Citizenship between the United States and Austria-Hungary (1880s–1914) Balázs Pálvölgyi
Political Systems in Transition and Cultural (In)dependence: The Limits of a Legal Transplant in the Example of the Brazilian’s Court of Auditors Birth Marjorie Carvalho de Souza
Constitutional Systems of Free European States (1918–1939) Tadeusz Maciejewski and Maja Maciejewska-Szałas
Local Citizenship in the Croatian-Slavonian Legal Area in the First Yugoslavia (1918–1941): Breakdown of a Concept? Ivan Kosnica
Nazi Law as Pure Instrument: Natural Law, (Extra-)Legal Terror, and the Neglect of Ideology Simon Lavis Index
All interested in the history of the development of law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.