The Problem of Rights and Freedom in Andrzej Frycz Modrzewski’s "Commentariorum de Republica emendanda libri quinque"

Abstract

The subject of this article is the problem of rights and freedom in Andrzej Frycz Modrzewski’s "Commentariorum de Republica emendanda libri quinque". It sets out to show how the author sets out the two categories and construes the relations between them. Initially, it aims to highlight the general sources of thinking about rights and freedom in Central Europe, while at the same time offering a broad profile of Modrzewski in the light of his epoch. The main part of the article then presents a selection of ideas taken from his well-known work. It presents his conception of custom as the ground of law, and his furnishing of arguments for the existence of written laws. It distinguishes two criteria by means of which Modrzewski sought to evaluate laws: reason and justice. It outlines the negative aspects of certain acts, the worst of which is murder and its associated problems. His view concerning the incorrect treatment of serfs is also presented, together with his criteria for the selection of officials. This is followed by his innovatory project for reform of the judicial system, in which the key point is the establishment of permanent courts. Modrzewski’s attitude to the issue of freedom, with its distinction between inner and outer freedom, is then explored, emphasizing the inseparable character of the connection between the two concepts. Finally, the distinctively Polish character of the perspective presented is highlighted.