Author: Helen Josephine CrumpPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 240
Book Description
Colonial Admiralty Jurisdiction in the Seventeenth Century
Author: Helen Josephine CrumpPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 240
Book Description
Colonial Admiralty Jurisdiction in the Seventeenth Century
Author: CrumpColonial Admiralty Jurisdiction in the Seventeenth Century by Helen Josephine Crump
Author: Helen Josephine CrumpPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 670
Book Description
Seventeenth Century and Eighteenth Century Bases for the Exercise of Protective Jurisdiction in the Marginal Sea Area
Author: Ralph J. GillisPublisher:
ISBN:
Category : Contiguous zones (Law of the sea)
Languages : en
Pages : 712
Book Description
The Maritime Dicaeologie, Or, Sea-jurisdiction of England
Author: John ExtonPublisher: The Lawbook Exchange, Ltd.
ISBN: 1584774800
Category : Admiralty
Languages : en
Pages : 422
Book Description
First published in 1664, this book, though ostensibly descriptive, was written chiefly to maintain the jurisdiction of the Admiralty court in the new government. Beyond its political interest, it offers a detailed analysis of seventeenth-century maritime law and admiralty jurisdiction at the time when Great Britain was emerging as a major maritime and colonial power. Exton [1600?-1668] was educated at Cambridge, earning the LL.D. in Civil Law in 1634. He was appointed President of the High Court of Admiralty by Parliament in 1649, and was reappointed by the Duke of York after the Restoration.
A Few Notes on Admiralty Jurisdiction in the Colony and in the Province of the Massachusetts Bay
Author: John NobleCourts of Admiralty and the Common Law
Author: Steven L. SnellPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 502
Book Description
Courts of Admiralty and the Common Law examines the origins of American admiralty jurisdiction. Drawing from a vast array of primary sources, ranging from Roman law to English records of the medieval and early modern periods, the author traces the development of English admiralty practice that provided the legal heritage of the new American nation. The book provides details of how the English High Court of Admiralty and its civil-law practitioners became embroiled in the struggle between Crown and Parliament in the seventeenth century, losing much of their traditional jurisdiction to the courts of common law at a time when the American colonies were just beginning to establish specialized tribunals for hearing maritime cases. With maritime jurisdiction in flux in the mother country, the Americans were free to adopt ad hoc solutions to the problem of jurisdiction, creating a system in which both the colonial common-law courts and the newly established colonial vice admiralty courts had concurrent power to adjudicate a wide range of maritime claims. Courts of Admiralty and the Common Law also sheds fresh light on the origins of the federal judiciary, showing how the debate over maritime jurisdiction was instrumental both in shaping the language of Article III of the Constitution and later in determining the structure of the federal courts in the Judiciary Act of 1789. Building upon an assortment of materials from the Constitutional Convention, the states' ratifying conventions, and other contemporary sources, the author explores the pivotal role that the debate over maritime jurisdiction played in determining the structure of the federal courts and explains the reasons underlying the first Congress' decision to grant concurrent jurisdiction over some maritime cases to the states' courts of common law. When the first Congress incorporated concurrent state/federal jurisdiction over several classes of maritime claims into the Judiciary Act of 1789, the author argues, it had not created a novel jurisdictional system, but merely had preserved the status quo established long ago in the colonial era. Congress had disregarded the dangers usually associated with two separate sets of courts interpreting the same body of substantive law, assuming that the lex maritima, as part of the law of nations, would be applied uniformly in both state and federal courts. Soon, however, both new technology, such as the introduction of steam power in maritime commerce, and changing views regarding the law of nations would challenge that assumption. As the original reasons for granting concurrent jurisdiction unraveled, American judges in the early nineteenth century sought to make overlapping jurisdiction work in a changing world. Courts of Admiralty and the Common Law concludes with an assessment of whether concurrent state/federal maritime jurisdiction continues to serve a practical purpose in the twenty-first century, examining how tensions between conflicting state and federal substantive rules may serve the greater interests of federalism and commerce. "Through his thorough account of the shipping industry's rise and fall and of the challenges admiralty jurisdiction posed to ideas about federalism, Professor Snell shows how commerce influenced the development of our unique governmental structure." -- Harvard Law Review "For those with an interest in the development in American courts of a distinct jurisdiction in cases sufficiently related to waterborne transport, this book should fit neatly between that of Prichard and Yale on the one hand and Robertson on the other. It is more comprehensive in research and perspective, synthetic in process, and thematic in design than the former. It offers more evidence than the latter and it addresses controversies that have ripened since 1970." -- Journal of Maritime Law and Commerce
Colonial Admiralty Jurisdiction in the Seventeenth Century
Author: Helen Josephine CrumpPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 220
Book Description
Admiralty Jurisdiction, and Colonial Courts
Author: Francis R. ScottThe Politics of Piracy
Author: Douglas R. Burgess, Jr.Publisher: ForeEdge from University Press of New England
ISBN: 1611686989
Category : History
Languages : en
Pages : 305
Book Description
The seventeenth-century war on piracy is remembered as a triumph for the English state and her Atlantic colonies. Yet it was piracy and illicit trade that drove a wedge between them, imperiling the American enterprise and bringing the colonies to the verge of rebellion. In The Politics of Piracy, competing criminalities become a lens to examine England's legal relationship with America. In contrast to the rough, unlettered stereotypes associated with them, pirates and illicit traders moved easily in colonial society, attaining respectability and even political office. The goods they provided became a cornerstone of colonial trade, transforming port cities from barren outposts into rich and extravagant capitals. This transformation reached the political sphere as well, as colonial governors furnished local mariners with privateering commissions, presided over prize courts that validated stolen wares, and fiercely defended their prerogatives as vice-admirals. By the end of the century, the social and political structures erected in the colonies to protect illicit trade came to represent a new and potent force: nothing less than an independent American legal system. Tensions between Crown and colonies presage, and may predestine, the ultimate dissolution of their relationship in 1776. Exhaustively researched and rich with anecdotes about the pirates and their pursuers, The Politics of Piracy will be a fascinating read for scholars, enthusiasts, and anyone with an interest in the wild and tumultuous world of the Atlantic buccaneers.