Abstract

“Illotis Manibus”: Henryk Kupiszewski and the Contemporary Discussion of Roman Law in Poland
Summary
In his discussion of the significance of Roman law Henryk Kupiszewski referred to Gaius’ observation that the study of the law
could not be conducted “with unwashed hands” (illotis manibus), viz.
without a knowledge of the historical sources. In my opinion it is imperative to remind ourselves of this today, when some Polish scholars
of Roman law are criticising source studies and historical research on
Roman law, and opting instead for modernity and a future examined
primarily from the fuzzy perspective of decodification. In Prawo rzymskie a współczesność, his book on Roman law and the present times,
Kupiszewski emphasised that the principal area of research on Roman
law could take was still the examination of the work and achievement
of the iurisprudentes, and that any other strategy would put it on the
path for self-destruction. Roman law studies are, of course facing new,
contemporary problems. For instance, it has been observed that effectively the historical and legal awareness of today’s scholars of civil law
no longer encompasses Roman law. So we should be trying to preserve
the connection of Roman law with the disciplines of positive law, and
especially making a concerted effort to work on a synthesis of Roman
law as an introduction to contemporary private law. Furthermore, in
our research we should take into consideration the close connection
between Roman law and other disciplines relating to antiquity – another point Kupiszewski made. We should also view the tradition of
Roman law as the common denominator in the European consensus on
the law. Hence the purposefulness of continuing the basic trend in the
study of Roman law, from the aspect both of its ancient history and of
its European tradition and present-day manifestations.