For example, The Laws of Oleron (19) provided that, "where the
at [section] 8 (The laws of Oleron were the precursor to
The sea laws of Oleron
, first codified in the middle of the thirteenth century, for example, postdated man's dependence on the areas beyond the littorals by hundreds of years.
It is founded on the practices of merchants, the principles of Civil Law, approved compilations of maritime rights and usages, such as the Laws of Oleron
and Wisbury, the writings of eminent jurisconsults, and the adjudications of the Admiralty Courts of different countries.
He often cited historical precedent in Roman law and the Laws of Oleron. (9) From 1955 to 1993, he established a wide range of maritime legal principles, most of which are accepted today as precedent.
To substantiate his conclusion that a vessel may be an in rem defendant for the purpose of enforcing a maritime lien, (20) he would refer to the time before "the Elizabethan era," (21) and to support his conclusion that a compulsory pilot should be classified as a seaman for Jones Act purposes, (22) he would refer to Roman law and the Laws of Oleron. (23) The Fifth Circuit's rejection of a compulsory harbor pilot being classified as a seaman also illustrates Judge Brown's common-sense approach to maritime personal injury law that it is unreasonable for the most important person in the wheelhouse not being classified as a seaman.
the maritime laws of foreign nations, and the works of foreign writers." (181) Throughout his text, Abbott regularly made reference to the Laws of Oleron, (182) the Laws of Wisbuy, (183) the Laws of the Hanse Towns, (184) and the 1681 Ordonnance de la Marine du Mois d'Aoust of Louis XIV.
The Laws of Oleron have had a pronounced influence on the early development of English maritime law principles and, accordingly, on principles that are encompassed in Canadian maritime law.
I refer to the Consolato del Mare, the Laws of Oleron, the Ordonnances of Wisbuy, the Siete Partidas, the Black Book of the Admiralty, the Jugemens de Damme, and others of the same period.
It was sometimes written down, for example in the twelfth-century Laws of Oleron, commonly used by Atlantic traders, and in the Catalan Consolat de mar (Consulate of the Sea), a maritime law code first published in the fourteenth century but in use much earlier and widely followed throughout Mediterranean Europe.(9)
This is true even if the Laws of Oleron had no direct influence.
(148) Tracing the roots back to the European Laws of Oleron
and the American Judiciary Act of 1789, (149) Judge Brown paints a vivid picture of the pilot as an important element of the continuing vitality of maritime commerce.