(image source: Charles University Karolinum Press)
On the journal:
Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics. Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University. PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish. PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813. PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.
Table of contents (with links to the articles):
Petra Skřejpková
- Od rituálov k alimentácii: Náčrt raného vývoja fideikomisov v prospech familia libertorum
Timotej Práznovský
DOI 10.14712/2464689X.2026.550
Abstract:The paper explores the early development of the Roman legal institution known as the fideicommissum familiae relictum, with a particular focus on its application in favour of groups of freedmen (familia libertorum). It argues that the phrase ne de nomine suo exiret – commonly found in testamentary dispositions and funerary inscriptions – reflects a concern with ensuring the continuity of burial rites and private cults (sacra privata). Drawing on epigraphic evidence and legal sources, particularly the Digest of Justinian and fragments from jurists such as Aburnius Valens and Scaevola, the paper examines how land bequests to freedmen were structured to guarantee the upkeep of tombs and the perpetuation of ancestral worship. The analysis reveals that over time, particularly from the mid-2nd century CE onward, the institution appears to have shifted towards a more alimentary function, providing support for freedmen in the absence of biological heirs. Legislative developments, such as Hadrian’s ban on dispositions to uncertain persons (personae incertae), curtailed the long-term application of such fideicommissa, leading to alternative legal mechanisms, including transfers to municipalities. The development of fideicommissa in favour of freedmen thus illustrates broader transformations in Roman private law and social practice, including the decline of traditional religion and the rise of new forms of property management and welfare provision in the Roman world. - K vplyvu provinčných práv a východorímskych právnických škôl na zavedenie pojmu dos adventicia do justiniánskej kodifikácie
Róbert Brtko
DOI 10.14712/2464689X.2026.551
Abstract:The article examines the origin and legal significance of the concept of dos adventicia in Roman law. Although Justinianic sources and post-classical legal texts distinguish between dos profecticia and dos adventicia, the article proceeds from the thesis that this distinction was not originally formulated by classical Roman jurists. On the basis of an analysis of Ulpian’s fragment D. 23, 3, 5, the relevant scholia to the Basilica, the post-classical Regulae Ulpiani, and imperial constitutions preserved in Justinian’s Code, it is shown that classical law primarily operated with the category of dos profecticia, whereas other forms of dowry were defined only negatively, that is, as dowry not originating from the father of the family or from his property. Particular attention is paid to the interpolated passages in D. 23, 3, 5, 9 and D. 23, 3, 5, 11, as well as to the rescript of Emperor Gordian III preserved in C. I. 6, 20, 4. The article further examines the influence of provincial legal traditions, Hellenistic legal culture, and the pedagogical activity of Eastern Roman law schools, especially those in Berytus and Constantinople, on the terminology and systematics of the legal regulation of dowry. It concludes that dos adventicia should be understood not as an authentic classical concept, but rather as a product of post-classical legal development that was later incorporated into Justinian’s codification. - Between Custom and Sanction: Theft in the Vinodol Code and the Poljica Statute
Fuad-Meša Čičić
DOI 10.14712/2464689X.2026.552
Abstract:This paper addresses the regulation of theft as an illicit act in two major medieval Croatian legal monuments: the Vinodol Code (1288) and the Statute of Poljica. Rather than offering a systematic comparison of legal systems, the study concentrates on the legal nature, normative structure, and penal treatment of theft within these statutory frameworks, situating the offence in its broader social and institutional context. The central premise is that, although medieval law did not articulate theft through modern criminal-law categories, both statutes treated it as conduct attracting distinctly criminal sanctions rather than as a purely civil wrong. Attention is directed to the criteria shaping liability and punishment, including the manner of commission, the value of the stolen property, the status of the parties, and the communal or territorial context of the offence. In the Vinodol Code, theft is predominantly addressed through graded pecuniary sanctions and restitution, reflecting a compensatory model. By contrast, the Statute of Poljica adopts a markedly stricter penal regime, frequently prescribing corporal punishment, capital sanctions, and social exclusion, thereby emphasizing deterrence and collective self-protection within a customary legal order. Both legal monuments place considerable emphasis on communal participation in adjudication, including compurgation and character-based proof, illustrating a legal culture in which property offences were regulated through collective responsibility and social control. While certain conceptual parallels with Roman law may be observed, the regulation of theft in both texts is primarily rooted in native legal traditions shaped by local social structures and customary norms. The paper situates theft as a key indicator of the criminal dimension of medieval Croatian statutory law and its role in preserving social order and communal cohesion. - Autokratické tendence německého císaře Viléma II. ve vztahu k legislativnímu procesu Říšského sněmu (1888–1900)
František Stellner, Kristina Kaiserová
DOI 10.14712/2464689X.2026.553
Abstract:The study “Autocratic Tendencies of German Emperor Wilhelm II in Relation to the Legislative Process of the Reichstag (1888–1900)” analyzes the constitutional and political framework of the German Empire during the reign of Wilhelm II, focusing on his approach to the legislative process and interaction with the Reichstag. It examines whether the emperor’s attitude toward parliament evolved in connection with personnel changes in the highest German and Prussian offices and how the dual identity of “emperor-king” influenced governance. The paper discusses mechanisms of pressure and circumvention applied by Wilhelm II toward the Reichstag, including rhetoric, court networks, and personnel policy, and evaluates their limits within the federal structure. It also addresses the concept of “personal rule” and its historiographical interpretations, contrasting rhetorical antiparliamentarism with practical dependence on parliamentary majorities. The analysis combines micro- and macro-historical perspectives, using constitutional texts, parliamentary records, and correspondence of key actors. The conclusion emphasizes that despite autocratic impulses, the emperor’s power was structurally constrained, and legislative outcomes depended on negotiation and compromise, contributing to the gradual parliamentarization of decision-making in the German Empire. - Výzva svědomí a hledání spravedlnosti – Tolstého „Vzkříšení“ z pohledu práva
Radim Seltenreich
DOI 10.14712/2464689X.2026.554
Abstract:In his article, the author discusses Tolstoy’s work Resurrection, which is often characterized as a distinctly “legal novel”. For a better understanding of the context, he first introduces us to Tolstoy’s life and work, in which law played an important role, if only because he studied law, even though he did not complete his studies. In this context, for example, he showed a lifelong interest in the issue of the death penalty. The novel Resurrection is based on a real case that Tolstoy learned about from the famous Russian lawyer Koni. Tolstoy changed the facts somewhat, but it is interesting to note that in the novel he makes precise references to specific legal provisions during the court proceedings. The work is a strong criticism of criminal law and the prison system in Russia at the time, with Tolstoy also addressing the philosophy of crime and punishment, rejecting the punishment of one person by another as part of his “Christian anarchism”. - Veřejní notáři na meziválečné Podkarpatské Rusi
David Hubený
DOI 10.14712/2464689X.2026.555
Abstract:As in many other areas of the administration of Subcarpathian Ruthenia, in the area of justice, a number of temporary measures persisted, which proved to be long-term, but mainly functional, even if they did not fully satisfy the call for the fulfillment of autonomous status. In the case of public notaries, this was also mostly due to the fact that an independent organizational arrangement would not be practical and viable, considering the size and population of the given territory. Therefore, the public notaries of Subcarpathia were initially administered by the Košice judicial board, or rather by the local high court, and later joined the organization of Slovak public notaries. Looking at the biographies of many public notaries, one cannot help but get the impression that in the case of appointment to the position, it was a reward for previous political or official activity in favor of Czechoslovakia or the promotion of Slavic reciprocity, sometimes, on the contrary, it could be a saturation of a not entirely reliable public figure. Although, considering the very small number of notaries, it might seem that in the conditions of Subcarpathian Ruthenia it was a lucrative position ensuring more than a decent income, most of the public notaries there got into financial problems in the first half of the thirties, and even in times of boom not all positions were economically advantageous enough to ensure their holders a sufficient livelihood. Knowing this fact, it is clear how very poor Subcarpathian Ruthenia was and how desperate the situation of the vast majority of the local population was. - Německé vojenské soudnictví a vojenské trestní právo se zvláštním zřetelem k Protektorátu Čechy a Morava
Jaromír Tauchen
DOI 10.14712/2464689X.2026.556
Abstract:The article deals with the activities of the German military judiciary (Wehrmachtjustiz) in the Protectorate of Bohemia and Moravia during the period of Nazi occupation. Despite its significance, this issue has so far been neglected in Czech legal historiography. The study presents a systematic analysis of the structure, legal basis and operation of German military courts, whose jurisdiction extended beyond German military personnel to include Czech civilians. Particular attention is paid to the legal foundations of military criminal law, the specific features of court proceedings, and the ideological instrumentalization of military justice as a tool of repression. The functioning of military courts is illustrated through selected institutional examples, especially the military court of the 193rd Division stationed in Prague. The study demonstrates how military criminal law and procedure, especially after 1939, gradually developed into an instrument of terror used to suppress resistance, discipline soldiers and enforce ideological conformity. The text is based on original archival materials, including directives, military court rulings and legal regulations of the Third Reich. - Kodifizierung vertraglicher Rechtsgeschäfte zwischen natürlichen Personen im V. Teil des Bürgerlichen Gesetzbuches von 1964 in der Tschechoslowakei. Allgemeine Definition, politischer und internationaler Kontext und konzeptionelle Fragen
Jiří Šouša, Vít Mužík
DOI 10.14712/2464689X.2026.557
Abstract:Following the recent anniversary of the Czechoslovak Civil Code of 1964, this article contributes to the legal-historical and civil law scientific discourse on this legal regulation. The article is the first of two articles focusing on contractual obligations between natural persons. These obligations were intended to be supplementary to the services provided mainly by legal entities. It focuses primarily on codification work concerning contractual obligation law, its conceptualization, and the legal institution of civil assistance, all in the context of the preparation of the 1964 Civil Code, or rather in the context of the recodification of law in Czechoslovakia and other Eastern Bloc countries in the 1960s. The article also reflects specific cases and points out the similarities and specific features that distinguished the Civil Code of 1964 from a historical and international perspective. The article shows the extent to which the examined regulation of Part V of the Civil Code of 1964 was an expression of the political doctrine of the 1960s in the context of other innovations, or in relation to the traditional Marxist-Leninist doctrine. The article shows whether, and to what extent, similar to the later International Trade Code, it followed (or rather suffered from) traditional elements of obligations, albeit in a modified and truncated form and using the terminology of the time, in contrast to the rest of the 1964 Civil Code. The article highlights the differences between law in books and law in action. It therefore also addresses issues of continuity and discontinuity, autonomy of the parties’ free will, and the scope for judicial discretion with regard to the topic under examination. The article also reflects the finding that experience with the Civil Code of 1964 shows that the political utilitarianism of law does not necessarily limit its adaptability and functionality. On the contrary, even such regulations can be very adaptable to social and legal evolution. The most important general findings and insights from the research are clearly summarized in the conclusion. The article will be followed by another article by the same authors, which will focus on specific legal institutions of contractual law between natural persons according to the original wording of Part V of the Czechoslovak Civil Code of 1964. - „V krvi důkaz, ztratíš průkaz!“ aneb k trestnému činu opilství v socialistickém Československu
Milan Dobeš
DOI 10.14712/2464689X.2026.558
Abstract:The article focuses on the offence of drunkenness, understood as an endangerment offence, with particular emphasis on drink-driving. It combines a doctrinal legal analysis with an examination of criminal files from the District Court for Prague 1 and surveys the interpretation of the statutory elements, investigative and evidentiary practice, and sanctioning policy. In the sanctioning dimension, a central role is played by disqualification from activity – most notably disqualification from driving – conceived as an instrument of both special and general prevention and as a means of the immediate protection of public safety. The imposition and duration of disqualification reflected the degree of intoxication, the nature and circumstances of the driving, recidivism, and the offender’s professional responsibility; in more serious cases it was supplemented by a custodial sentence. The article also addresses practical issues in the enforcement of disqualification and their implications. The individualisation of punishment was further shaped by assessments and guarantees issued by workplace collectives and other socialist organisations, which could support the choice of a more lenient sanction or the early remission of the remainder of the disqualification. - The Concept of Possession in Roman Law and Common Law
Barbora Hniličková
DOI 10.14712/2464689X.2026.559
Abstract:This article examines the legal regulation of possession in Roman law and in contemporary common law. Its objective is to identify and assess the key similarities and differences between these two legal traditions and to demonstrate that, despite their fundamental systematic distinctions, the influence of Roman law on the development of common law has been more substantial than often assumed. The analysis shows that, notwithstanding divergent historical developments and systematic characteristics, both systems articulate conceptually comparable understandings of possession. The findings further confirm that Roman law contributed, at least to some degree, to the shaping of common law, underscoring the enduring reach of Roman law not only within continental legal systems but also within modern common law jurisdictions. - Crimen maiestatis: Symbolism and Ritual Protection of Authority in Roman Criminal Law
Marie Neumann
DOI 10.14712/2464689X.2026.560
Abstract:This article focuses on the development of the crime of high treason throughout the era of the Roman Empire, focusing on symbolism and ritual protection of authority in Roman criminal law. Using legal sources and historical cases, it illustrates the changes of this offence, with an emphasis on the changing perceptions of authority. The article draws on legal sources, especially the Code of Justinian and Theodosius and the Digest of Justinian, but also on non-legal sources, especially the work of Titus Livy, as well as other ancient historians. Furthermore, the article works with a variety of domestic and foreign secondary sources, especially monographs and scholarly articles. - Herbert David: Justice v říšské župě Sudety optikou vzpomínek jejího hlavního představitele
Adam Šplíchal
DOI 10.14712/2464689X.2026.561
Abstract:This study examines the fate of justice in the Reichsgau Sudetenland through the recollections of its leading representative, Dr. Herbert David (1900–1987). Drawing on archival research in German repositories and David’s own memoirs, the article reconstructs the transformation of the legal system in the Sudetenland after its annexation to the Third Reich in 1938. David’s memories, written decades later, represent a unique and hitherto underexplored source that illuminates the personnel challenges, institutional restructuring, and ideological pressures faced by the judiciary in this border region. His testimony reveals both the practical functioning of courts under Nazi rule and the tensions between local actors and central Reich authorities. By contextualizing David’s narrative with secondary literature on Nazi law and Sudeten German politics, the article highlights the interplay between law, ideology, and power in a newly established Reichsgau. It also addresses the limitations and biases of David’s recollections, while emphasizing their value as the only surviving insider account of judicial administration in the Sudetenland during the years 1938–1945. - Právní aspekty reorganizace československého divadelnictví po druhé světové válce
Kateřina Šustová
DOI 10.14712/2464689X.2026.562
Abstract:After World War II (in May 1945), Czechoslovakian theaters were reopened. The so-called theater revolution began, during which the theater industry in Czechoslovakia experienced fundamental changes in organizational structure. Despite the efforts of Austria-Hungary and the First Czechoslovak Republic, this space was still regulated by the Theater Act of November 25, 1850 (Ministry of the Interior law No. 454/1850). There were also plans to consolidate the regulation of the theater industry in Czechoslovakia, as Hungarian legal article XXXI had been in effect since 1848 in Slovakia. This was a different (and even older) legal regulation than the one in Bohemia. This work explores the legal considerations of the aforementioned reorganization of theaters. The main goal of the research is to describe how the pre-World War regulatory environment affected the evolution of theater industry regulation thereafter, including mapping out any significant path dependencies. This work subsequently addresses the regulatory changes that occurred in the theater industry after the adoption of the Theater Act in 1948. This author found that the adoption of the Theater Act in 1948 capped a long-term effort by theaters to modify the legal regulation of the theater industry. However, this impeded entrepreneurship and gave monopoly to government-designated theater operators, who were allowed to use the property of the previously private theaters. On the other hand, there were some positive changes, particularly in the field of theater education and puppet theater, which came to be seen as on equal footing with other types of theater arts. However, even the Theater Act of 1948 was not sufficient, and new theater regulation, Act No. 55/1957, on theater activities (Theatre Act), emerged shortly thereafter and came into effect on November 16, 1957. - That’s What Should Be Done! Reflections on the Margins of the Monograph of Peter Candy, Ancient Maritime Loan Contracts
Maciej Jońca
DOI 10.14712/2464689X.2026.563
Abstract:In 2025, Dr. Peter Candy (University of Cambridge) published a monograph titled “Ancient Maritime Loan Contracts”. In it, he challenged many of the findings that had been firmly established in the study of Roman law since the 19th century. In his examination of Roman maritime law, he first undertook a “democratization” of the ancient sources. This led him to a surprising conclusion. Namely, the Romans (like the Greeks) did not recognize a separate maritime loan contract. They used a single, consistent loan structure that could be adapted for various purposes – including conducting business at sea. This work deserves attention among legal historians because the author not only debunked a (seemingly) unshakable dogma but also demonstrated how ancient sources remain a flexible and forward-looking subject for research. There are no topics about which nothing more can be written, as long as there are people who are not afraid to ask old sources new questions. - Ve službě právní historii – za profesorem JUDr. Karlem Malým, DrSc., dr.h.c.mult.
Vladimír Kindl - Zemřel doc. JUDr. Karel Schelle, CSc., spiritus rector Encyklopedie českých právních dějin
Ladislav Vojáček - BALOGH, E. (ed.). Golden Bulls and Chartas: European Medieval Documents of Liberties
Jan Marčík - VYŠNÝ, P. – MARTIŠKOVÁ, M. Praktikum zo svetových dejín štátu a práva
Ingrid Lanczová - POLLÁK, A. – KOLUMBER, D. – GAJARSKÝ, A. Keď zákony tvorí vláda a parlament mlčí. Zmocňovacia normotvorba na česko-slovenskom príklade v rokoch 1918–1945
Jan Kabát - TAUCHEN, J. (ed.) – KUBEŠ, V. Dějiny filozofie práva
Vojtěch Jarkovský - LACLAVÍKOVÁ, M. – DOMANICKÝ, M. Počiatky zľudovenia súdnictva a etablovanie funkcie sudcov z ľudu na Slovensku v rokoch 1948 – 1953 (normatívna báza a prvotné problémy)
Ingrid Lanczová
Read the full issue here.
