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Early Modern Period

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Chapter Summary

In medieval Roman scholarship, opinions on the effects of contributory negligence varied. It was only in the tradition of ius commune that the question of how to qualify the act of the injured party in legal terms became for the first time explicitly discussed; also for the first time a discussion of the acts of both parties concerned can be observed. The medieval approach of ius commune to the problem of contributory negligence was an approach of all-or-nothing. The question remains whether and if so to what extent this allor-nothing idea was received into the early modern period. This chapter discusses the most important jurists of the early modern period. The search for and the selection of jurists was not only made based on secondary literature, but also on editions of the Corpus Iuris, references in the Notae by Schulting-Smallenburg and manuals.

Keywords: Corpus Iuris; early modern period; ius commune; jurists; medieval Roman scholarship; Notae



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