Právní historie a univerzity v Česku

1620 - Summaries of PVP

• Course: History up to 1620 (Masaryk University)
• Active participation in seminars: One unexcused absence is allowed
• Preparation: Self-study is required
• Final test: December 14, 2022, 5 open-ended questions, 25 minutes long. The test focuses on understanding the topic, not just facts
• Czech Legal History: Covers the period 117-192.

Periodisation of Czech Legal History (to 1620)

• Pre-state organisation: Period before a centralized state (until the mid-9th century)

• Great Moravia: First state formation

• Legal Customs: Unwritten rules

• "Zakon sjudnym ljudem": Early legal text embodying both civil and ecclesiastical law, including criminal provisions.

• Nomocanons: Byzantine legal text

• Sovereignty: Ruler owned land and associated resources

• Centralizing State Power: Consolidation of power (mid 9th to mid 11th centuries)

• Legal Customs: Oral traditions defining law

• Early Written Legal Texts: First codified legal texts

• Feudal Fragmentation: Period of political division (mid 11th to early 15th centuries)

• Manorial System: System of land ownership

• Legal Texts: Various forms of legal documents

• Hussite Period: (Early to mid 15th Century):

• Theological Treatises: Legal ideas grounded in religious concepts.

• Landfrieds: Agreements for peace between social classes

• Estates and Estates Monarchy: (1434-1620)

• 1434–1526:

• 1526–1620: Pre-White Mountain period

• Royal Statutes: National law

• Strengthening of the nobility: Increase in noble influence over the crown.

• Codification: Lack of comprehensive legal codification

• Legal History as an Academic Discipline:

• Historical Law: Study of social phenomena in relation to legal development and legal orders in a specific historical context

• Key areas: Roman law, legal archaeology, legal historiography.

Roman Law Influences on Czech Legal Development (2nd Seminar)

• Written Practices: Inspiration from Roman law, sometimes in form, more often in substance

• Nobility: Mixed reactions regarding Roman law – recognition of its merits but with reservations

• Terminology: Use of Roman legal vocabulary

• Legal Formulas, etc.: Models of contracts and legal documents

• Court Proceedings: Increased legal certainty

• Nobility resistance: opposition to limitations of their power.

• "Ius regale montanorum": Roman law inspired court proceedings emphasizing speed and efficiency

• Roman Law Sources: Justinian's Institutes

• Two romanising waves: The first came as part of the arrival of Constantine and Methodius, the second was the Glossators’ school of thought

Canon Law and Church Law

• Canon Law: Rules and regulations of the Roman Catholic Church.
• Relation to Secular Law: Canon law was not separate, but a part of princely law in the Great Moravian context, its influence was important for all legal acts.
• Sources: Bible, papal decrees, decrees of ecumenical councils, etc.

Role of Universities and Legal Education (4th Seminar)

• Oldest institutions (e.g., Pavia): Early schools of law in Italy.
• Glossators at Bologna: Focus on Roman law at a university
• Growth of Legal Study: Expanding educational opportunities, emergence of legal studies in other cities.
• Czech Legal Studies: Emphasis on canon law and civil law, primarily at the Charles University in Prague.
• Prerequisites and Cost: The educational system was intellectually selective and expensive
• Study requirements: Attendance, reading and review of the sources of law.

Czech and Moravian Estates and Their Role in Legal Development (7th Seminar)

• Estates Assemblies: Gatherings, including local and regional levels
• Role in Law-making: Estates influenced laws on taxes, warfare, and law enforcement.
• Representation: Nobles, clergy, and representatives from different local administration
• Pre-Hussite period: The initial assemblies had no formal role
• Post-Hussite period: Estates’ meetings became an established way for assemblies to express their opinion
• Types of Assemblies: Regional, local, country, and national
• Post-White Mountain period: Estates’ influence restricted by the crown

City Law and Municipal Rights (11th Seminar)

• Rise of Cities: Cities arose through colonization, trade and craft production
• City Charters and Laws: Specific rules governing local affairs, including court systems and rights of citizens.
• Characteristics of City Law: Autonomous application of city law
• Models of City Law: Similar to other cities in Europe, but tailored to specific regional needs.
• City Courts and Administration: Autonomous legal systems and structures of municipal governments, established through grants from rulers
• City Sources: City ordinances, bylaws, court decisions, customary law.