RS 9

174 Summary Systems of Lawin the Swedish-Finnish Juridical Literatureduring the Seventeenth Century BY PROFESSOR LARS BJORNE The juridical literature in seventeenth century Sweden-Finland was strongly influenced by the general European development, and the works of that century did not contain any attempts at totally independent systems. Whereas at that time a systemwas understood to be only an expedient arrangement of learning, the presentations of the positive law contain only scattered statements on the system used. This investigation was therefore based upon the organization of the contemporary textbooks of Loccenius, Rålamb, and Kloot. Pufendorf’s system of natural law did not influence the above-named text books whichwere published during the 1670’s. These works were, above all, the Institutiones' textbooks in national law (Klaus Luig), in which the influence of Roman lawwas strong. Individual variations are to be found, however. Loccenius was the one who most nearly followed the system of the Institutiones\ Rålamb’s systemon the other hand uses property rights as the point of departure, and these rights are designated as the source of all other institutiones of private law. Kloot is strongly dependent upon Hugo Grotius’ Inleiding tot de Hollandsche Rechts-Geleehrtheyt in whose work commercial lawwas incorporated into the system. While Loccenius as a university teacher was a representative for the learned estate, Rålamb belonged to the upper nobility, and Kloot, who had served as mayor, belonged most clearly to the burghers. One can thus pose the question as to how much the author’s estate effected his choice of system.

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