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In: Contributory Negligence
A Case of Legal Pluralism in Early Modern Europe
Now available in Open Access thanks to the support of the University of Helsinki. In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law and judiciary in seventeenth-century Livonia. Immediately after Sweden conquered the province in the 1620s, a reorganization of the Livonian judiciary began. Its legal order became largely modelled after Swedish law, which differed in important ways from its Livonian counterpart. While Livonian legal tradition was firmly anchored in the European ius commune, the conquerors’ law was, by nature, not founded in legal learning. The volume convincingly demonstrates how the differences in legal cultures decisively affected the way Livonian judicial and procedural systems were shaped. Based on archival sources, the study presents an important contribution to the comparative legal history of the early modern period.
Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.

italicus . Their legal work also had an impact in other European countries such as Holland, Germany, England and, of course, in France. 39 The evolution of commercial law was now linked to the rigorous ius commune frame of reference. Moreover, a few specialized Italian courts, such as the Florentine

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

entity of England, but its jurisdiction covered also other territories of the United Kingdom, including Scotland. The development of the Scots law owed much to the ius commune tradition and therefore also to Roman law. The judicial panels – the Law Lords’ who were deciding the particular cases – were

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

or Jumping Board? , Tijdschrift voor Rechtsgeschiedenis , 77 ( 2009 ), 459 – 479 . Dave D e ruysscher : Innovating Financial Law in the Early Modern Netherlands and Europe: Transfers of Commercial Paper and Recourse Liability in Legislation and Ius Commune (Sixteenth to Eighteenth Centuries

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

has invoked the concept of ius commune , widespread in Ancient Rome. 2 Most likely, there is no better model for such unification within private law than the institution of acquisitive prescription, or usucaption, regarding which there exists a time-honoured, unwritten and global agreement as to its

In: Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)