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Tytuł:
Ze studiów nad rolą i miejscem łaciny prawniczej w kulturze europejskiej
From the Studies on the Role and Place of legal Latin in the European Culture
Autorzy:
Sondel, Janusz
Powiązania:
https://bibliotekanauki.pl/articles/924129.pdf
Data publikacji:
2014
Wydawca:
Uniwersytet Jagielloński. Wydawnictwo Uniwersytetu Jagiellońskiego
Tematy:
Legal Latin
legal culture
mediaeval Latin
Catholic Church
Wincenty Kadłubek
dictionaries
Statutes of Kazimierz Wielki
Roman Empire
Opis:
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.
Źródło:
Krakowskie Studia z Historii Państwa i Prawa; 2014, 7, 1; 69-91
2084-4115
2084-4131
Pojawia się w:
Krakowskie Studia z Historii Państwa i Prawa
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Themis clothed in Ermine. Some Remarks on the Jurisdiction Excercised by the Rector of Krakow Academy
Autorzy:
Malec, Dorota
Powiązania:
https://bibliotekanauki.pl/articles/924158.pdf
Data publikacji:
2014
Wydawca:
Uniwersytet Jagielloński. Wydawnictwo Uniwersytetu Jagiellońskiego
Tematy:
uniwersytet jagielloński
akademia krakowska
statuty uniwersyteckie
sądownictwo
uniwersytetckie
rektor
sąd rektora
kazimierz wielki
władysław jagiełło
prawo kanonicze
prawo
rzymskie
prawo zwyczajowe
proces skargowy
dowody
przysięga
reformy kołłątajowskie
inceptionof statutory law
Opis:
The scope of the jurisdiction of the Rector of the Krakow Academy was determined by the foundation privileges of Kazimierz Wielki and Władysław Jagiełło; the latter had subsequently been extended by the university statutes as well as by the royal and urban documents. The judicial competence of the Rector, named in legal documents as the “highest judge”, referred above all to members of the university corporation, but also to people remaining outside this structure (e.g. in some cases to the Krakow townsmen). The Rector assumed the jurisdiction the moment he had taken an oath. The students and professors of the Krakow Academy were also subject to the Rector’s judicial authority, the moment they had taken an oath. The subject range of the Rector’s jurisdiction comprised penal cases, including those relating to disciplinary issues. The jurisdiction also extended to civil law: confirmation of documents, certain institutions of inheritance law and even civil contentions relating to copyright law. The Rector adjudicated on the basis of canon law, Roman law and customary law as well as on the basis of the university statutes. The procedure was based on a shortened and simplified mode derived from canon law. The trial was of an adversarial nature and consequently, the penal and civil proceedings did not differ much one from another. All proceedings were based on the principle of oral testimonies. The hearing of evidence was based on a legal theory of evidence. The fundamental type of evidence was an oath, but other forms of evidence were also allowed, including testimonies of women witnesses. The majority of cases adjudicated by the Rector concerned the students of the Academy; proceedings against professors were also conducted. The most common offences concerned disciplinary matters, offences against morality, neglect of duties, theft of books, fights. Among the adjudicated punishments there predominated fines although one could also come across penalties of temporary imprisonment or church punishments, such as excommunication. The students and professors were protected by immunity, thanks to which they could not be held responsible before municipal and magistrates courts. As a matter of rule, one could not appeal against the verdict passed by the Rector, although there were other legal measures that enabled one to avoid punishment. During the reforms implemented by H. Kołłątaj, attempts were made to broaden the extent of the Rector’s judicial competence, yet the latter had never been implemented on a wider scale. The Rector’s jurisdiction was eventually abolished by the Austrian authorities.
Źródło:
Krakowskie Studia z Historii Państwa i Prawa; 2014, 7, 1; 147-157
2084-4115
2084-4131
Pojawia się w:
Krakowskie Studia z Historii Państwa i Prawa
Dostawca treści:
Biblioteka Nauki
Artykuł
    Wyświetlanie 1-2 z 2

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