Pub Date : 2021-09-03DOI: 10.4467/20844131ks.21.023.14088
Marcin Michalak
The American model of medical malpractice liability has been the subject of lively public and scientific debate for years. This system is characterized by a large number of lawsuits against doctors and very high damages awarded in such cases. In turn, these phenomena contribute to the occurrence of so-called medical malpractice crisis. It seems that an important place in the proper understanding of the American model of physicians’ liability for medical malpractice may be the historical analysis of legal norms regulating this matter. The text claims that the modern specificity of the system of liability for medical malpractice is closely related to the development of American law in its formative period in the nineteenth century. The article indicates four features of the legal system developed at that time, which today are identified as responsible for a large number of lawsuits and high compensation in malpractice trials. These include, in particular, linking medical liability to the tort law regime, domination of the civil law dimension of liability for medical errors, the role of the jury in lawsuits for medical malpractice, and the method of remuneration of attorneys in such cases.
{"title":"Medical Malpractice Liability in the United States of America in the Light of the 19th Century Origins of the American Legal System","authors":"Marcin Michalak","doi":"10.4467/20844131ks.21.023.14088","DOIUrl":"https://doi.org/10.4467/20844131ks.21.023.14088","url":null,"abstract":"The American model of medical malpractice liability has been the subject of lively public and scientific debate for years. This system is characterized by a large number of lawsuits against doctors and very high damages awarded in such cases. In turn, these phenomena contribute to the occurrence of so-called medical malpractice crisis. It seems that an important place in the proper understanding of the American model of physicians’ liability for medical malpractice may be the historical analysis of legal norms regulating this matter. The text claims that the modern specificity of the system of liability for medical malpractice is closely related to the development of American law in its formative period in the nineteenth century. The article indicates four features of the legal system developed at that time, which today are identified as responsible for a large number of lawsuits and high compensation in malpractice trials. These include, in particular, linking medical liability to the tort law regime, domination of the civil law dimension of liability for medical errors, the role of the jury in lawsuits for medical malpractice, and the method of remuneration of attorneys in such cases.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127973401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-03DOI: 10.4467/20844131ks.21.026.14091
M. Sobczyk
On the Usefulness of Research into Roman Law – Some Reflections on the Joanna Kruszyńska – Kola’s Dissertation Ratio przedawnienia [The ratio of prescription] In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today. I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results. In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.
{"title":"O użyteczności badań nad prawem rzymskim – refleksje na kanwie rozprawy Joanny Kruszyńskiej-Koli pt. Ratio przedawnienia","authors":"M. Sobczyk","doi":"10.4467/20844131ks.21.026.14091","DOIUrl":"https://doi.org/10.4467/20844131ks.21.026.14091","url":null,"abstract":"On the Usefulness of Research into Roman Law – Some Reflections on the Joanna Kruszyńska – Kola’s Dissertation Ratio przedawnienia [The ratio of prescription]\u0000\u0000In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today.\u0000\u0000I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results.\u0000\u0000In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116648367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-03DOI: 10.4467/20844131ks.21.033.14098
Jens Van Paemel
{"title":"Legal History Research in Belgium (2020)","authors":"Jens Van Paemel","doi":"10.4467/20844131ks.21.033.14098","DOIUrl":"https://doi.org/10.4467/20844131ks.21.033.14098","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128989311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-03DOI: 10.4467/20844131ks.21.040.14105
W. Uruszczak
{"title":"Profesor Claudio Finzi (1939–2021) in memoriam","authors":"W. Uruszczak","doi":"10.4467/20844131ks.21.040.14105","DOIUrl":"https://doi.org/10.4467/20844131ks.21.040.14105","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122892804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-03DOI: 10.4467/20844131ks.21.039.14104
Maciej Mikuła
{"title":"Interview with Dr. Dr. h.c. Heinz Mohnhaupt, the member of International Advisory Board of Cracow Studies of Constitutional and Legal History","authors":"Maciej Mikuła","doi":"10.4467/20844131ks.21.039.14104","DOIUrl":"https://doi.org/10.4467/20844131ks.21.039.14104","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121104885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-03DOI: 10.4467/20844131ks.21.029.14094
Corjo Jansen
{"title":"Evans, Richard J. The Hitler Conspiracies: The Third Reich and the Paranoid Imagination. Allen Lane, 2020, 288 pp.","authors":"Corjo Jansen","doi":"10.4467/20844131ks.21.029.14094","DOIUrl":"https://doi.org/10.4467/20844131ks.21.029.14094","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122882574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-03DOI: 10.4467/20844131ks.21.035.14100
Pierre-Olivier Rigaudeau
State reaction to COVID-19 outbreak illustrates a major subject of State theory and history: the sovereignty. Among several meanings of this concept, the first thinkers of sovereignty (Bodin, The Six Books of the Republic, 1576; Hobbes, Leviathan, 1651) developed a material conception, known as the supreme power of State. Policies held by Government to contain the outbreak generated numerous discussions on the scope and limitations of State power. The Government decisions were unprecedented and affected exercise of individual liberties. Their legal framework evolved for the outbreak: first State and Government decided to act, then was asked the question of the legal basis of its actions. Just after the first ballot of municipal elections, the president of the Republic decided a general lockdown on March 17th. Formally, this decision was taken by a decree of Prime Minister funded on the doctrine of “exceptional circumstances” in absence of legislative framework. Then, an important legislation was adopted to give legal basis to a new state of health emergency (in comparison with the state of emergency decided following terrorist attacks – see our Chronicle of Research in Legal and Constitutional History in France Krakowskie Studia z Historii Państwa i Prawa 2021; 14 (3), s. 425–427 doi:10.4467/20844131KS.21.035.14100 www.ejournals.eu/Krakowskie-Studia-z-Historii-Panstwa-i-Prawa
国家对COVID-19疫情的反应说明了国家理论和历史的一个重要主题:主权。在这一概念的几种含义中，最早的主权思想家(博丹，《共和国六书》，1576;霍布斯，利维坦，1651)发展了一个物质概念，被称为国家的最高权力。政府为控制疫情而采取的政策引发了关于国家权力范围和限制的多次讨论。政府的决定是前所未有的，影响到个人自由的行使。它们的法律框架是为疫情而演变的:首先国家和政府决定采取行动，然后被问及其行动的法律依据问题。就在市政选举第一轮投票之后，共和国总统决定于3月17日全面封锁。在形式上，这一决定是在没有立法框架的情况下由总理根据“特殊情况”原则颁布的一项法令作出的。然后，通过了一项重要立法，为新的卫生紧急状态提供法律依据(与恐怖袭击后决定的紧急状态相比——见我们的《法国法律和宪法史研究纪事》克拉科夫斯基历史研究所Państwa i Prawa 2021;14 (3)， s. 425-427 doi:10.4467/20844131KS.21.035.14100 www.ejournals.eu/Krakowskie-Studia-z-Historii-Panstwa-i-Prawa
{"title":"Chronicle of Research in Legal and Constitutional History in France in 2020","authors":"Pierre-Olivier Rigaudeau","doi":"10.4467/20844131ks.21.035.14100","DOIUrl":"https://doi.org/10.4467/20844131ks.21.035.14100","url":null,"abstract":"State reaction to COVID-19 outbreak illustrates a major subject of State theory and history: the sovereignty. Among several meanings of this concept, the first thinkers of sovereignty (Bodin, The Six Books of the Republic, 1576; Hobbes, Leviathan, 1651) developed a material conception, known as the supreme power of State. Policies held by Government to contain the outbreak generated numerous discussions on the scope and limitations of State power. The Government decisions were unprecedented and affected exercise of individual liberties. Their legal framework evolved for the outbreak: first State and Government decided to act, then was asked the question of the legal basis of its actions. Just after the first ballot of municipal elections, the president of the Republic decided a general lockdown on March 17th. Formally, this decision was taken by a decree of Prime Minister funded on the doctrine of “exceptional circumstances” in absence of legislative framework. Then, an important legislation was adopted to give legal basis to a new state of health emergency (in comparison with the state of emergency decided following terrorist attacks – see our Chronicle of Research in Legal and Constitutional History in France Krakowskie Studia z Historii Państwa i Prawa 2021; 14 (3), s. 425–427 doi:10.4467/20844131KS.21.035.14100 www.ejournals.eu/Krakowskie-Studia-z-Historii-Panstwa-i-Prawa","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117016211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-22DOI: 10.4467/20844131ks.21.022.13530
Izabela Leraczyk
Report of the “English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference The: “English Law and Colonial Connections: Histories, Parallels, and Influences conference” was held over the course of two afternoons, on January 26–27, 2020. It was organized by the Faculty of Law and Administration of the University of Łódź and Northumbria University in Newcastle. The symposium’s goal was to bring together researchers with interests in the history of English law and its influences on other parts of the world, particularly within an imperial context. An additional topic of the conference was the meaning of legacies and continuing influences of the empire and colonial influences of the law back to the Metropole. Nine lectures were delivered over the course of four sessions.
{"title":"Sprawozdanie z konferencji „English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference","authors":"Izabela Leraczyk","doi":"10.4467/20844131ks.21.022.13530","DOIUrl":"https://doi.org/10.4467/20844131ks.21.022.13530","url":null,"abstract":"Report of the “English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference\u0000\u0000The: “English Law and Colonial Connections: Histories, Parallels, and Influences conference” was held over the course of two afternoons, on January 26–27, 2020. It was organized by the Faculty of Law and Administration of the University of Łódź and Northumbria University in Newcastle. The symposium’s goal was to bring together researchers with interests in the history of English law and its influences on other parts of the world, particularly within an imperial context. An additional topic of the conference was the meaning of legacies and continuing influences of the empire and colonial influences of the law back to the Metropole. Nine lectures were delivered over the course of four sessions.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115409163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-22DOI: 10.4467/20844131ks.21.011.13519
Karolina Wyrwińska
Roman women – priestesses, patrician women, mysterious guardians of the sacred flame of goddess Vesta, admired and respected, sometimes blamed for misfortune of the Eternal City. Vestals identified with the eternity of Rome, the priestesses having a specific, unavailable to other women power. That power gained at the moment of a ritual capture (captio) and responsibilities and privileges resulted from it are the subject matter of this paper. The special attention is paid to the importance of Vestals for Rome and Romans in various historic moments, and to the purifying rituals performed by Vestals on behalf of the Roman state’s fortune. The study presents probable dating and possible causes of the end of the College of the Vestals in Rome.
{"title":"The Vestal Virgins’ Socio-political Role and the Narrative of Roma Aeterna","authors":"Karolina Wyrwińska","doi":"10.4467/20844131ks.21.011.13519","DOIUrl":"https://doi.org/10.4467/20844131ks.21.011.13519","url":null,"abstract":"Roman women – priestesses, patrician women, mysterious guardians of the sacred flame of goddess Vesta, admired and respected, sometimes blamed for misfortune of the Eternal City. Vestals identified with the eternity of Rome, the priestesses having a specific, unavailable to other women power. That power gained at the moment of a ritual capture (captio) and responsibilities and privileges resulted from it are the subject matter of this paper. The special attention is paid to the importance of Vestals for Rome and Romans in various historic moments, and to the purifying rituals performed by Vestals on behalf of the Roman state’s fortune. The study presents probable dating and possible causes of the end of the College of the Vestals in Rome.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130049004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-22DOI: 10.4467/20844131ks.21.012.13529
Łukasz Jan Korporowicz
On the Digitization of Historical and Legal Research: A Few Remarks in the Margin of John B. Nann and Morris L. Cohen’s Book The Yale Law School Guide to Research in American Legal History. New Haven–London: Yale University Press, 2018, 349 Pages The review deals with a recently published book authored by John B. Nann and Morris L. Cohen and titled “The Yale Law School Guide to Research in American Legal History”. The modern, digital inclusive, approach to research in legal history presented by the book’s authors, provides a basis for the further comments gathered in the review. The review aims to convince Polish scholars to create a similar tool for young acolytes of legal history.
{"title":"O cyfryzacji badań historycznoprawnych. Kilka uwag na marginesie książki Johna B. Nanna i Morrisa L. Cohena pt. The Yale Law School Guide to Research in American Legal History. New Haven–London: Yale University Press, 2018, stron 349","authors":"Łukasz Jan Korporowicz","doi":"10.4467/20844131ks.21.012.13529","DOIUrl":"https://doi.org/10.4467/20844131ks.21.012.13529","url":null,"abstract":"On the Digitization of Historical and Legal Research: A Few Remarks in the Margin of John B. Nann and Morris L. Cohen’s Book The Yale Law School Guide to Research in American Legal History. New Haven–London: Yale University Press, 2018, 349 Pages\u0000\u0000The review deals with a recently published book authored by John B. Nann and Morris L. Cohen and titled “The Yale Law School Guide to Research in American Legal History”. The modern, digital inclusive, approach to research in legal history presented by the book’s authors, provides a basis for the further comments gathered in the review. The review aims to convince Polish scholars to create a similar tool for young acolytes of legal history.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133755905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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