part iv • intellectual legal history • søren koch certain circumstances could have a greater impact and acceptance than either the source texts or their translations containing all the original content. One may object that texts written in different languages can hardly be labelled compilations as the very act of translation contains an inevitable element of creativity. This is correct, but we should avoid defining the concept of compilation too narrowly. I have demonstrated elsewhere that Holberg’s compilation was based on direct translations of specifically identifiable fragments of Pufendorf ’s and other writers’ works.61 How close the compiled texts were to the originals can be shown by identifying striking similarities in the structure of the work (chapters with almost identical titles), the internal logic of specific arguments, and similarities in terminology, names, places, etc.62 Most telling is the technique where the compiler used identical references, quotes, or footnotes. In the Holberg’s case, it is even possible to show he uncritically adopted inaccurate references from Pufendorf.63 Holberg’s intentions with his natural law have been controversial, and it can be assumed that he tried to achieve several ends at the same time.64 However, taking into consideration the impact the book had on the establishment of ‘law in action’, particularly (whether intended or not) the implementation of a common legal mentality andmethodology, Denmark–Norway’s first textbook on law in the vernacular, despite being a compilation, significantly influenced several aspects of the local legal culture.65 Holberg’s compilation is also an example of applying compilation as amethod to deliberately obscure the original content of the work or parts thereof that could be perceived as radical by the intended audience, in particular the still highly influential orthodox theologians.66 Pretending 61 Koch 2015, 75. 62 Ibid. 63 Kåre Foss, Ludvig Holbergs naturrett på idéhistorisk bakgrunn(Oslo: Gyldendal, 1934), 464. 64 Koch 2015, 92 ff., with further references. 65 Koch 2015, 440 ff. 66 See, for example, the treatises by Johannes Vandal, Juris regii, libri VI(Hafniae [Copenhagen] 1663–1668) and Hector Gottfried Masius, De Interesse Principum circa ReligionemEvangelicam ad Serenissimum ac potentissimum Daniae Regem(Copenhagen, 1687). 214
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