Wincenty Skrzetuski o sądach i prawie miejskim oraz potrzebie ich reformy

Abstract

Skrzetuski’s views on the law should be considered an important voice in a discussion on the need to reform the law in the gentry Republic of Poland in the spirit referring to progressive slogans of the 18th century humanitarian school in law at that time, including views of such thinkers as Rousseau, Montesquieu and Beccare. The analysis of Wincenty Skrzetuski’ views on law, including the one biding in the cities of the gentry Republic of Poland points to the fact that he was one of the first who called for strictly obeying the law, underlining the necessity to make just laws in the era of Stanisław August equipped with punishments socially useful and congruent with the crime committed. Skrzetuski, criticizing a so far existing legal system called for eliminating severe punishment and, instead, suggested creating conditions providing the inevitability of their execution. A scholarly piarist also called for writing laws that are short, commonlyunderstood and free from contradictions in according with the Enlightenment postulates. Also, he called for the fastest and absolute elimination of tortures in the gentry Republic of Poland, as well as other medieval relics used in the local jurisdiction. In his arguments, Skrzetuski referred to Cesarego Beccare’s work O przestępstwach i karach.