The barratry of the shipmaster in early modern law: polysemy and mos Italicus

in Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?

Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.

Help

 

Have Institutional Access?

Login with your institution. Any other coaching guidance?

Connect

Summary

‘Barratry’ is a polysemic term: it means deceit, bribe, simony, and fraud of the shipmaster. This article seeks to trace the origins of the word and to explore its different meanings, focusing especially on the influence that older meanings had on the development of more recent ones. This operation is of particular importance to understand the meaning of barratry that would appear for last – that of fraud of the shipmaster. By the time civil lawyers started dealing with maritime barratry, they were already well familiar with the other meanings of the term. This probably favoured the adaptation process, but it also left a deep mark on its outcome: the weight of those other meanings of the same term had a significant influence on the qualification of maritime barratry, an influence otherwise difficult to explain.

Sections
Index Card
Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 73 73 7
Full Text Views 30 30 4
PDF Downloads 26 26 2
EPUB Downloads 0 0 0