Download or read book Associated Ship and South African Admiralty Jurisdiction written by Malcolm Wallis and published by Siber Ink. This book was released on 2010-01-27 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Admiralty Jurisdiction Regulation Act 105 of 1983 was a radical and far-reaching, as well as overdue, modernisation of South African admiralty law. Described as 'bold, innovative and comprehensive', it introduced - for the first time anywhere in the world - the provisions enabling an action to be pursued by way of the arrest of an associated ship rather than the ship in respect of which the claim lay. This work, by one of South Africa's pre-eminent shipping lawyers, analyses the nature of this novel action. That involves a review of how the jurisdiction came about; its nature and impact; the problems to which it gives rise and the making of some modest suggestions concerning the road ahead.

Download or read book The Admiralty Sessions 1536 1834 written by Gregory J. Durston and published by Cambridge Scholars Publishing. This book was released on 2017-06-23 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth in England and Britain’s merchant marine from the medieval period onwards meant that an increasing number of criminal offences were committed on or against the country’s vessels while they were at sea. Between 1536 and 1834, such crimes were determined at the Admiralty Sessions if brought to trial. This was a special part of the wider Admiralty Court, which, unlike the other forums in that tribunal, used English common law procedure rather than Roman civil law to try its cases. To a modest extent, this produced a ‘hybrid’ court, dominated by the common law but influenced by aspects of Europe’s other major legal tradition. The Admiralty Sessions also had their own (highly singular) regime for executing convicts, used the Marshalsea prison to hold their suspects and displayed the Admiralty Court’s ceremonial silver oar at their hearings and hangings. During the near three centuries of its existence, the Admiralty Sessions faced enormous legal and logistical problems. The crimes they tried might occur thousands of miles and months of sailing time away from England. Assembling evidence that would ‘stand up’ in front of a jury was a constant challenge, not least because of the peripatetic lives of the seafarers who provided most of their witnesses. The forum’s relationship with terrestrial criminal courts in England was often difficult and the demarcation between their respective jurisdictions was complicated and subject to change. Despite all of these problems, the court experienced significant successes, as well as notable failures, in its battle to deal with a litany of serious maritime crimes, ranging from piracy to murder at sea. It also spawned a series of Vice-Admiralty Courts in English and British colonies around the world. This book documents the origins, development and abolition of the Admiralty Sessions. It discusses all of the major crimes that were determined by the forum, and examines some of the more arcane and unusual offences that ended up there. Some of the unusual challenges presented by the maritime environment, whether the impossibility of preserving dead bodies at sea, the extensive power given to captains to physically punish sailors, the difficulty of securing suspects in small vessels, or the often gruesome problems occasioned by the marginal legal status of slaves, are also considered in detail.

Download or read book The Arrest of Ships in Private International Law written by Verónica Ruiz Abou-Nigm and published by Oxford University Press, USA. This book was released on 2011-11-17 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.

Download or read book Limitation of Liability in International Maritime Conventions written by Norman A. Martínez Gutiérrez and published by Routledge. This book was released on 2010-12-16 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limitation of liability for maritime claims is a concept of respectable antiquity which is now deeply entrenched in the maritime industry. Under this concept, the shipowner is entitled to limit his liability for maritime claims up to a maximum sum regardless of the actual amount of the claims. The concept of limitation of liability has been adopted by many conventions ranging from those relating to the carriage of goods by sea, carriage of passengers and their luggage by sea, liability and compensation for pollution damage, to liability for the removal of wrecks. Each of these conventions has its own approach to limitation of liability. However, these particular liability regimes share the international arena with global limitation conventions such as the 1976 Convention on Limitation of Liability for Maritime Claims and the 1996 Protocol thereto. This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks. Each chapter of this book sets out to analyze provisions in the conventions which have proved to be controversial and subject to debate by courts and authors, as well as the relationship between the limitation provisions in claim specific liability conventions and in the global limitation conventions. Particular attention is also given to the persons entitled to limit liability, ships in respect of which liability can be limited, claims subject to limitation, claims excepted from limitation, basis of liability (where applicable), loss of the right to limit, and the limits of liability. Limitation of Liability in International Maritime Conventions is of interest to academics and practicing lawyers who wish to understand the intricacies of the law of limitation.

Download or read book The World of Maritime and Commercial Law written by C Mitchell and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.

Download or read book The Law Emprynted and Englysshed written by David John Harvey and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: What impact did the printing press – a new means of communicating the written word – have on early modern English lawyers? This book examines the way in which law printing developed in the period from 1475 up until 1642 and the start of the English Civil War. It offers a new perspective on the purposes and structures of the regulation of the printing press and considers how and why lawyers used the new technology. It examines the way in which lawyers adapted to the use of printed works and the way in which the new technology increased the availability of texts and books for lawyers and the administrative community. It also considers the wider humanist context within which law printing developed. The story is set against the backdrop of revolutionary changes in English society and the move not only to print the law, but also increase its accessibility by making information available in English. The book will be of interest to lawyers and legal historians, print and book historians and the general reader.

Download or read book Making Murder Public written by K. J. Kesselring and published by Oxford University Press. This book was released on 2019-01-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'

Download or read book Prize and Prejudice written by Faye Margaret Kert and published by Liverpool University Press. This book was released on 2017-10-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This journal examines privateering and naval prizes in Atlantic Canada in the maritime War of 1812 - considered the final major international manifestation of the practice. It seeks to contextualise the role of privateering in the nineteenth century; determine the causes of, and reactions to, the War of 1812; determine the legal evolution of prize law in North America; discuss the privateers of Nova Scotia and New Brunswick, and the methods they utilised to manipulate the rules of prize making during the war; and consider the economic impact of the war of maritime communities. Ultimately, the purpose of the journal is to examine privateering as an occupation in order to redeem its historically negative reputation. The volume is presented as six chapters, plus a conclusion appraising privateering, and seven appendices containing court details, prize listings, and relevant letters of agency.

Download or read book Slavery the Law written by Paul Finkelman and published by Rowman & Littlefield Publishers. This book was released on 2001-12-17 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the development of the American legal system, writes Professor Finkelman in Slavery & the Law, is the institution of slavery. It informs us not only about early concepts of race and property, but about the nature of American democracy itself. Prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law. What emerges from this multi-faceted portrait is a complex legal system designed to ensure the property rights of slave-holders and to institutionalize racism. The ultimate result was to strengthen the institution of slavery in the midst of a growing trend toward democracy in the mid-nineteenth-century Atlantic community.

Download or read book Language and Culture in Medieval Britain written by Jocelyn Wogan-Browne and published by Boydell & Brewer Ltd. This book was released on 2013 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume form a new cultural history focused round, but not confined to, the presence and interactions of francophone speakers, writers, readers, texts and documents in England from the 11th to the later 15th century.

Download or read book Thomas Hobbes Writings on Common Law and Hereditary Right written by Alan Cromartie and published by Clarendon Press. This book was released on 2005-03-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.

Download or read book Thomas Hobbes Writings on Common Law and Hereditary Right written by Thomas Hobbes and published by Oxford University Press, USA. This book was released on 2005-03-03 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner.The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensiveannotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shiftingattitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty.The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679,when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as itconstitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.

Download or read book The Name of a Queen written by C. Beem and published by Springer. This book was released on 2013-04-17 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Itinerarium ad Windsor concerns a central question of the Elizabethan era: Why should a woman be allowed to rule with the same powers as a king? The man who poses this controversial question within Itinerarium is none other than Queen Elizabeth's powerful favorite Robert Dudley, Earl of Leicester. On hand to provide answers are the statesman and poet Thomas Sackville, Lord Buckhurst, and William Fleetwood antiquary, Recorder of London, and dutiful chronicler of their 1575 conversation. This critical edition of Itinerarium reproduces Fleetwood's text with annotations and a host of interpretive and contextualizing essays from leading scholars. Taken together, they constitute the definitive introduction to this remarkable discussion of regnant queenship, providing a valuable tool for understanding contemporary notions of and underlying fears concerning the efficacy and desirability of female rule in Elizabethan England.

Download or read book The Reinvention of Magna Carta 1216 1616 written by John Baker and published by Cambridge University Press. This book was released on 2017-01-26 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.

Download or read book Collected Papers on English Legal History written by John Baker and published by Cambridge University Press. This book was released on 2013-10-31 with total page 1908 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years, Sir John Baker has written on most aspects of English legal history, and this collection of his writings includes many papers that have been widely cited. Providing points of reference and foundations for further research, the papers cover the legal profession, the inns of court and chancery, legal education, legal institutions, legal literature, legal antiquities, public law and individual liberty, criminal justice, private law (including contract, tort and restitution) and legal history in general. An introduction traces the development of some of the research represented by the papers, and cross-references and new endnotes have been added. A full bibliography of the author's works is also included.

Download or read book British Contributions to International Law 1915 2015 Set written by Jill Barrett and published by BRILL. This book was released on 2020-12-15 with total page 3728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.

Download or read book Communities and Courts in Britain 1150 1900 written by Christopher Brooks and published by Bloomsbury Publishing. This book was released on 1997-07-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Communities and Courts in Britain, 1150-1900 all reflect the wider concept of legal history - how legal processes fitted into the social and political life of the community and how courts and other legal processes were used by contemporaries. In doing so they aim both to justify the study of legal history in its own right and to show how legal records, including those of a variety of central and local courts, can be used to further our understanding of a wide range of social, commercial, popular and political history.