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Maxims, Principles and Legal Change: Maritime Law and the Blending of Merchant and Legal Culture in the Low Countries (16th Century)

Authors: De Ruysscher, Dave;

Maxims, Principles and Legal Change: Maritime Law and the Blending of Merchant and Legal Culture in the Low Countries (16th Century)

Abstract

In the course of the sixteenth century, in the Low Countries maritime law was changing. At first, damages caused during maritime transport (“averages”) were compensated on the basis of customs of limited scope and calculation, starting from “facts and figures”. From the 1550s onwards, legal scholars developed new views; they revised norms, some of which came from below, while others were imposed by the sovereign. Both in legislation and in jurisprudential commentaries, the Roman rules of general average were revived. The legal authors made use of a more principled, humanistic method of interpretation. Their views did not contradict mercantile opinions; instead, merchants called for necessary adjustments of the law. The changes in doctrine and legislation responded to developments in the organization of the maritime industry. Although the legal scholars could have doubts about the older rules and how to reconcile them with a principled approach, their contribution to updating the rules was crucial.

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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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