Tables -- Notes on Contributors -- 1 Introduction: Modernisation, National Identity, and Legal Instrumentalism -- //Michał Gałędek -- 2 Prenuptial Agreements of the Hungarian Aristocracy in the Early Modern Era -- //Zsuzsanna Peres -- 3 Revolution and the Instrumentality of Law: Theories of Property in the American and French Revolutions -- //Bart Wauters -- 4 English Commercial Law in the /Longue Durée : Chasing Continental Shadows -- //Sean Thomas -- 5 The Italian Destiny of the French Code de commerce (19th Century) -- //Annamaria Monti -- 6 The Reception of the French Commercial Code in Nineteenth-Century Polish Territories: A Hollow Legal Shell -- //Anna Klimaszewska -- 7 Development of the medical malpractice law and legal instrumentalism in the Antebellum America -- //Marcin Michalak -- 8 The Contractual Third-Party Notion: Beyond the Principle of the Relativity of Contracts: The Comparative Legal History as Methodological Approach -- //Sara Pilloni -- 9 Civilian Arguments in the House of Lords' Judgments: Regarding Delictual (Tortious) Liability in 20th and 21st Century -- //Łukasz Jan Korporowicz -- 10 /Usucapio in Era of Real Estate Title Registration Systems -- //Beata J. Kowalczyk -- 11 In the Name of the Republic: Family Reform in Late Nineteenth and Early Twentieth-Century France and China -- //Mingzhe Zhu -- 12 The Private Law Codification as an Instrument for the Consolidation of a Nation from Inside: Estonia and Latvia between two World Wars -- //Marju Luts-Sootak, Hesi Siimets-Gross, Katrin Kiirend-Pruuli -- 13 Reluctant Legal Transplant: United States Moral Rights as Late 20th Century Honor Law -- //Steven Wilf -- Index.
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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
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While analysing the legislative output of the interwar Republic of Poland, most Polish researchers highlight the significant achievements of the so-called Codification Commission established in 1919, whose twenty years of efforts resulted in the drafting of a host of important codes and other acts of high legislative value. This output, however, could only be put to a very short-lived use in the 1930s. Its full potential was not unleashed until after the Second World War, in a completely changed political reality. On a day-to-day basis, the Polish state of the interwar period faced a number of issues that it either desired to overcome or was forced to do so. One of them was the crippled legal status of women, particularly jarring in the reality of the interwar times. Although the reborn Polish statehood, true to lofty democratic ideals, immediately took it upon itself to change the clearly underprivileged legal status of women, the final effect, that is the legislation in force as at the outbreak of the Second World War, looks meagre. The modern codification had not been adopted, the legal particularism in the scope of civil law had been maintained, the anachronistic codification of the preceding century upheld – the ideals of equal rights for women were made a very much imperfect reality. In this article, we attempt to trace the history of how this came to be by examining difficulties in introducing the principle of equality of women's rights. The example we have chosen serves to shed light on the mundane efforts to overcome the mounting problems with realizing ideas of modernization upon the underlying legal foundations of a country which, at first sight, seems utterly ill-prepared to tackle this task properly.
While analysing the legislative output of the interwar Republic of Poland, most Polish researchers highlight the significant achievements of the so-called Codification Commission established in 1919, whose twenty years of efforts resulted in the drafting of a host of important codes and other acts of high legislative value. This output, however, could only be put to a very short-lived use in the 1930s. Its full potential was not unleashed until after the Second World War, in a completely changed political reality. On a day-to-day basis, the Polish state of the interwar period faced a number of issues that it either desired to overcome or was forced to do so. One of them was the crippled legal status of women, particularly jarring in the reality of the interwar times. Although the reborn Polish statehood, true to lofty democratic ideals, immediately took it upon itself to change the clearly underprivileged legal status of women, the final effect, that is the legislation in force as at the outbreak of the Second World War, looks meagre. The modern codification had not been adopted, the legal particularism in the scope of civil law had been maintained, the anachronistic codification of the preceding century upheld – the ideals of equal rights for women were made a very much imperfect reality. In this article, we attempt to trace the history of how this came to be by examining difficulties in introducing the principle of equality of women's rights. The example we have chosen serves to shed light on the mundane efforts to overcome the mounting problems with realizing ideas of modernization upon the underlying legal foundations of a country which, at first sight, seems utterly ill-prepared to tackle this task properly. ; p. 231-260 ; While analysing the legislative output of the interwar Republic of Poland, most Polish researchers highlight the significant achievements of the so-called Codification Commission established in 1919, whose twenty years of efforts resulted in the drafting of a host of important codes and other acts of high legislative value. This output, however, could only be put to a very short-lived use in the 1930s. Its full potential was not unleashed until after the Second World War, in a completely changed political reality. On a day-to-day basis, the Polish state of the interwar period faced a number of issues that it either desired to overcome or was forced to do so. One of them was the crippled legal status of women, particularly jarring in the reality of the interwar times. Although the reborn Polish statehood, true to lofty democratic ideals, immediately took it upon itself to change the clearly underprivileged legal status of women, the final effect, that is the legislation in force as at the outbreak of the Second World War, looks meagre. The modern codification had not been adopted, the legal particularism in the scope of civil law had been maintained, the anachronistic codification of the preceding century upheld – the ideals of equal rights for women were made a very much imperfect reality. In this article, we attempt to trace the history of how this came to be by examining difficulties in introducing the principle of equality of women's rights. The example we have chosen serves to shed light on the mundane efforts to overcome the mounting problems with realizing ideas of modernization upon the underlying legal foundations of a country which, at first sight, seems utterly ill-prepared to tackle this task properly. ; s. 231-260
Artykuł recenzowany / peer-reviewed article ; The French Code de commerce was adopted in the Polish territories in 1809 and remained formally binding for over 120 years. It was nonetheless transferred from post-revolutionary France into a feudal reality, where no commercial code had been in place before, without the necessary preparatory works, implementation of the legislation accompanying the Code de commerce or even an offi cial translation. Moreover, legal scholars paid scarce attention to it in the first decades. Taken together, all these factors aff ected its application. Being a contribution to the complex study of the issue, the present publication examines selected notarial deeds documenting individual commercial transactions to show how the process of practical implementation of the norms of French Commercial Code developed in the Polish territories ; Francuski Code de commerce recypowany został na ziemiach polskich w 1809 r. i obowiązywał formalnie przez ponad 120 lat. Przeszczepiony został jednak z porewolucyjnej Francji do realiów feudalnych, w których nigdy wcześniej nie obowiązywał żaden kodeks handlowy, bez koniecznych prac przygotowawczych, implementacji ustawodawstwa okołokodeksowego związanego z Code de commerce czy oficjalnego tłumaczenia i przy znikomym zainteresowaniu nauki prawa w pierwszych dekadach obowiązywania, co w znacznym stopniu wpływało na jego stosowanie. Niniejsza publikacja, stanowiąca przyczynek do kompleksowego studium tego zagadnienia, obrazuje, w oparciu o analizę wybranych aktów notarialnych dokumentujących poszczególne czynności handlowe, jak przebiegał proces praktycznej implementacji norm francuskiego Kodeksu handlowego na ziemiach polskich.
While analysing the legislative output of the interwar Republic of Poland, most Polish researchers highlight the significant achievements of the so-called Codification Commission established in 1919, whose twenty years of efforts resulted in the drafting of a host of important codes and other acts of high legislative value. This output, however, could only be put to a very short-lived use in the 1930s. Its full potential was not unleashed until after the Second World War, in a completely changed political reality. On a day-to-day basis, the Polish state of the interwar period faced a number of issues that it either desired to overcome or was forced to do so. One of them was the crippled legal status of women, particularly jarring in the reality of the interwar times. Although the reborn Polish statehood, true to lofty democratic ideals, immediately took it upon itself to change the clearly underprivileged legal status of women, the final effect, that is the legislation in force as at the outbreak of the Second World War, looks meagre. The modern codification had not been adopted, the legal particularism in the scope of civil law had been maintained, the anachronistic codification of the preceding century upheld – the ideals of equal rights for women were made a very much imperfect reality. In this article, we attempt to trace the history of how this came to be by examining difficulties in introducing the principle of equality of women's rights. The example we have chosen serves to shed light on the mundane efforts to overcome the mounting problems with realizing ideas of modernization upon the underlying legal foundations of a country which, at first sight, seems utterly ill-prepared to tackle this task properly.
Accession of Poland to the European Union induced a variety of changes in different areas of life, including education. A second language was introduced as a compulsory subject in kindergarten and primary school and two compulsory foreign languages in general lower and upper secondary schools. English is the most popular of all languages in all types of schools, regardless of the level of education they represent. Globalization of the English language, the process which can be observed nowadays, has a significant impact on actions taken by schools to popularize learning this language. Therefore, the research was performed with a view to achieving a better understanding of the popularization of English language learning in primary schools in the larger context of a variety of factors. Basing on the analysis of research results, the conclusions reflecting real needs of learners as far as the more effective English language learning is concerned have been drawn. Sharing the research findings with the primary schools which participated in the research will contribute to their practical application. Keywords: student, primary school, popularization of English language learning, motivation to learn.
For many years computers have an increasing influence on changes in the functioning of societies. Informatics as a field of knowledge integrates with almost all other fields and becomes their inseparable element. Developing the IT competences of children and youth is one of the priority directions of the educational policy in Poland. Early contact with informatics at school should introduce children to the possibilities of using this field and arouse interest in information technology, so that schoolers entering professional and adult life are prepared to take on the responsibilities and challenges of the 21st century. Core curriculum for classes I-III of the primary school contains detailed requirements in the field of IT education. The article presents the content of IT education, the effects that a student should achieve at the end of early childhood education and the methods of conducting IT classes.
This pertinent and highly original volume explores how ideas of Europe and processes of continental political, socio-economic, and cultural integration have been intertwined since the nineteenth century. Applying a wider definition of Europeanization in the sense of "becoming European", it will pay equal attention to counter-processes of disentanglement and disintegration that have accompanied, slowed down, or displaced such trends and developments. By focusing on the practices, agents, and experience of Europeanization, the volume strives to bring together the history of ideas and the history of human actions and conduct, two approaches that are usually treated separately in the field of European studies