'Of Laws of Ships and Shipmen': Medieval Maritime Law and Its Practice in Urban Northern Europe

By Edda Frankot | Go to book overview

2
Shipwreck, Jettison and Ship Collision in
Maritime Law

Of all things, in sea-shipping there are certain inevitabilities present in
nature and imposed by circumstances, which lead to the formation of
identical rules as regards content, regardless of geographical location
or the state of legal culture at a particular time.1

This quote, part of Landwehr’s argument that it cannot be assumed that Roman law was adopted in Hamburg solely on the basis of a similarity in the regulation of jettison, must be kept in mind when comparing the content of the written laws which were introduced in the previous chapter. Too often the influence of one law on another is assumed simply because they regulate matters in a similar fashion. There are, however, certain preconditions in every situation regulated by law, and only a limited number of solutions that law can offer. It is only logical, then, that different law compilations should sometimes come to similar solutions for a particular legal problem.2

The question that will be answered in this chapter is whether the written law compilations available in northern Europe did indeed come to similar solutions as regards the regulation of shipwreck, jettison and ship collision, and thus whether there was communality in this respect, even if direct influences cannot be established.3 To answer this question, the regulations of all the written sea laws available in northern Europe concerning each of these subjects will be compared. Special emphasis will be placed on those aspects of the law that were likely to come up in court. These are the most relevant to our research on legal practice in the town courts and represent the more interesting legal problems. Another aspect considered will be the differences within the legal compilations (for example when the Ordinancie and the Rôles d’Oléron, both part of the Gotland and Wisby Sea Laws,

1 ‘Gerade in der Seeschiffahrt gibt es jedoch naturgegebene Sachzwänge, die unabhängig von dem jeweiligen Stand der Rechtskultur und der geographischen Lage, zur Ausbildung inhaltlich übereinstimmender Regeln führen.’ Landwehr, Haverei, 104.

2 Cordes, ‘Lex mercatoria’, after note 38, also warns researchers to ‘distinguish clearly between influences based on relations on the one hand and similar but independent developments on the other’.

3 Whether any influence due to close relations took place will be analysed in Chapter 5 as regards the local laws of Lübeck, Danzig and Kampen.

-27-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
'Of Laws of Ships and Shipmen': Medieval Maritime Law and Its Practice in Urban Northern Europe
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Tables and Maps vi
  • Abbreviations vii
  • Acknowledgements xi
  • Preface xiii
  • Introduction 1
  • 1- A History of Maritime Law in Northern Europe 6
  • 2- Shipwreck, Jettison and Ship Collision in Maritime Law 27
  • 3- The Five Towns Introduced 53
  • 4- Written Law- Urban Collections of Sea Law 81
  • 5- Written Law- Local Developments in Lawmaking 110
  • 6- Legal Practice- The Administration of Maritime Justice 144
  • 7- Legal Practice- Maritime Proceedings at the Urban Courts 166
  • Final Conclusions 199
  • Bibliography 202
  • Index 216
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 226

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.