THE FUNCTIONING OF LVIV UNIVERSITY LAW FACULTY IN THE AUSTRIAN MONARCHY DURING THE ENLIGHTENMENT

Abstract

The development and functioning of Lviv University Law Faculty during the Age of Enlightenment in the Austrian monarchy is investigated in the article. It is shown that Law Faculty of Lviv University has had close relationships with leading European universities, which have in a different way made an imprint on the faculty during certain periods of its functioning. It was found that an essential influence on the formation of reestablished by Joseph II Lviv University, including its law faculty, was made owing to teachers scientific trainings abroad, which made it possible to improve or acquire the necessary knowledge. It is known that the grand opening of the university was held November 16, 1784 and consisted of four faculties - philosophical, theological, legal and medical. The main governing body of the university was consistory, which included the rector, deans and seniors (the oldest and experienced professors). All current affairs at the departments were resolved by the professorial board, headed by deans. Learning at Lviv University in the late XVIII – early XIX century., consisted in the fact that his students for the first three years were studying at the Faculty of Philosophy, which was considered to be preparatory (here taught humanities, natural sciences and technical disciplines), and after graduation moved to one of the three other departments, where they had been studying for over four years. Speaking of national educational reforms in the Habsburg Empire at the end of the XVIII century, there as a sample were taken university educational standards of Protestant states not excessively religious in their dogmatism, which were characteristic for Catholic countries of that time. Thus, the noted lawyer of that time Carl von Martini wrote: «The truth, unfortunately, is that compared with Protestants, we are far behind. However, the truth is the fact that over the past few years the gap has decreased. Soon we, with God's help and with our patience and perseverance, catch them». The trends of legal education and science at Lviv University during the Enlightenment are elucidated. Where the orientation to rationalism was traced, including the social sphere, important for the process of educational reform in the Habsburg Empire, including Ukraine, were the disciplines that regulated the legal and political coexistence of people existed. Despite reforms in the sector of education certain kind of traditionalism was common for a long time. The clear indication of this is the lawyers’ granting with the degree of Doctor of both (Dr juris utriusque), civil and canon law until the last third of the XVIII century. Only later, upon the submission of F. Shrottera, this rule was reformed. We also need to emphasize that due to the specific management of the Habsburg Empire it was dangerous to consider openly about the legal foundations of government at university departments. The traditional view that the public law (jus publicum) as part of the public interest belongs to the state secret (Arcana Imperii) remained here longer than on compact territories German states. Thus, a new understanding of science, which originated in Lviv University and other universities in the Austrian Empire, was characterized by the fact that in addition to «juridization», there also was «historicalization» of legal disciplines.