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Admiralty and Maritime Law, 2nd Edition.
| 题名： | Admiralty and Maritime Law, 2nd Edition. |
| 作者： | Force, R.; Johnson, N. F.; Makarian, K. |
| 关键词： | Admirality; Collisions; Commercial Law; Insurance; Jurisdiction; Maritime Law; Personal Injury; Pilotage; Procedures; Salvage |
| 摘要： | Admiralty law was introduced into England by the French Queen Eleanor of Aquitaine while she was acting as regent for her son, King Richard the Lionheart. She had earlier established admiralty law on the island of Oleron (where it was published as the Rolls of Oleron) in her own lands (although she is often referred to in admiralty law books as 'Eleanor of Guyenne'), having learned about it in the eastern Mediterranean while on a Crusade with her first husband, King Louis VII of France. In England, special admiralty courts handle all admiralty cases. These courts do not use the common law of England, but are civil law courts largely based upon the Corpus Juris Civilis of Justinian. Admiralty courts were a prominent feature in the prelude to the American Revolution. For example, the phrase in the Declaration of Independence 'For depriving us in many cases, of the benefits of Trial by Jury' refers to the practice of Parliament giving the Admiralty Courts jurisdiction to enforce The Stamp Act in the American Colonies. Because the Stamp Act was unpopular, a colonial jury was unlikely to convict a colonist of its violation. However, because admiralty courts did not (as is true today) grant trial by jury, a colonist accused of violating the Stamp Act could be more easily convicted by the Crown. Admiralty law became part of the law of the United States as it was gradually introduced through admiralty cases arising after the adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers in their private lives. Those included are Alexander Hamilton in New York and John Adams in Massachusetts. In 1787 John Adams, who was then ambassador to France, wrote to James Madison proposing that the U.S. Constitution, then under consideration by the States, be amended to include 'trial by jury in all matters of fact triable by the laws of the land (as opposed the law of admiralty) and not by the laws of |
| 报告类型： | 科技报告 |
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