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

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.