Prawo rzymskie w dawnych Czechach w poglądach Arthura Ducka

Łukasz Marzec


De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum, the work by Artur Duck was published in London in 1653 In his work he analysed the position and infl uence of Roman Law in fifteen countries of the 17th‐century Europe. Apart from England, Scotland and Ireland, he researched the German Empire, France with Belgium, Italy, Sicily and Naples, Poland, Hungary, Bohemia, Spain, Portugal, Denmark and Sweden. Although Duck was an Englishman, he admired Roman Law and believed it could unify and consolidate the legal systems of Christian Europe. His work shows deep knowledge of how the legal systems of the 17th‐century Europe were organized and influenced by Roman Law. Although his work has remained forgotten for centuries, contemporary scholars are attempting to restore it to its proper position. Although the chapter concerning the Kingdom of Bohemia appears relatively short, it gives basic and true information on the Bohemian state and legal system. Duck used over twenty books of various authors, to mention only Goldast, Dubravius, Arumaeus, Besold, Mynsinger, Gail, Muscorn and Kromer. In his view, German emperor did not have a direct power over Bohemians, though Bohemian kings were not entirely independent. He stresses that Bohemians never accepted being a part of the German Empire. They had their own laws, to some extent based on the Roman Law, particularly in the fi eld of the municipal laws, derived from ius saxonicum. Duck believes that the Roman Law was the Bohemian ius commune, as it was said to be in Germany.

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