ABSTRACT

This chapter presents Juliusz Makarewicz, famous criminal lawyer, philosopher of law, codifier, and professor of the University of Lwów as a Christian (Roman Catholic), and at the same time a jurist, thinker, and politician, representing certain intellectual trends of his time. Somewhat superficially included in the sociological school of criminal law, Makarewicz created his own, original, and coherent system of legal philosophy, in which the peculiarly understood law of nature plays a key role, and the understanding of crime and responsibility are based on a very Christian concept of free will. In his understanding, however, the evolution of law is seen as a constant progress, and the application of law should be based on literary interpretation of the binding provisions. Makarewicz played a pivotal role in drafting the Polish Penal Code of 1932, and was a successful scholar and academic teacher. His social and political views were shaped by his upbringing in the typical family of Polish intelligentsia and the profound influence of Catholic social teaching and doctrine. His experience with totalitarian systems was both intellectual and practical, since he witnessed the horrendous German and Soviet crimes and was himself imprisoned by the NKVD. After World War II he chose to remain in his beloved city of Lwów, although it became a part of the USSR.