Parallels between Polish and English 13th century legal reasoning: case commentary on the ownership dispute of the forest of Głębowice in Księga Henrykowska

Abstract

The Księga Henrykowska has long been acknowledged by legal scholars as providing prime examples of Polish customary law that still serve as foundations for Polish legal history. In this paper, one of the disputes chronicled in Księga Henrykowska is treated as a case study in order to shed light on legal reasoning and argumentation in 13th-century Poland. These developments are paralleled with their contemporaries in England, which laid the foundations for common law. Legal concepts from common law research are then applied to the case, resulting in broader conclusions and speculative research questions that open the door to further research paralleling Polish and English legal history.

Keywords

• Księga Henrykowska
• Silesia
• Polish customary law
• common law