The Admiralty Jurisdiction of Torts and Crimes and the Failed Search for its Purposes

Posted: 1 Dec 2007

Abstract

In the Constitution, the United States embraced a customary admiralty power that had been primarily territorial and governmental in concept, expressing the sovereign power in the maritime area. It represented no special interests other than sovereignty and the defense of the realm. In particular, it was founded on no special purpose of supporting a commerce of goods or an industry, apart from enforcing the good order in which they could exist on water, as on land. It had, however, an unquestionable political purpose of extending the central power of the nation on the sea. The judicial jurisdiction it included was broad enough to match its governmental power and with it went a constitutional authority of Congress to refine and interpret it within reasonable relationship to maritime matters, an authority long recognized by both Congress and the Supreme Court. Congress's express understanding of the jurisdiction has been that in both civil and criminal matters it is a jurisdiction of territory rather than discrete subject matters, and as broad as the sea and all navigable waters connected with the sea or between the States. Not to recognize that has been a fallacy. Another has been not to recognize that the admiralty jurisdiction in its particular features, like other features of the Constitution, evolves in recognition of technological and governmental changes. The Constitutional formula therefore should today have its proper territorial borders, not based on suppositions of financial commerce or industry or the politics of American federalism or the search for a related tradition that often makes necessary a visit to the philosophical labyrinth of causation. History, custom, logic and practicality indicate that the judicial jurisdiction of admiralty comprises disputes and offenses that arise in its governmental jurisdiction and comprehends at least, without further qualification, all torts and offences done by, to, or on board vessels, or in relation to them, in navigable waters.

Keywords: admiralty, jurisdiction, maritime, marine, commerce, shipping, sovereign, common law, traditional maritime activity, locality, location, nexus, relation

JEL Classification: F13, K10, K40, N40, N70, R40

Suggested Citation

Staring, Graydon, The Admiralty Jurisdiction of Torts and Crimes and the Failed Search for its Purposes. Journal of Maritime Law and Commerce, Vol. 38, No. 4, 2007, Available at SSRN: https://ssrn.com/abstract=1041301

Graydon Staring (Contact Author)

Nixon Peabody LLP ( email )

United States
415-984-8310 (Phone)
415-984-8300 (Fax)

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