Sir William Scott, Lord Stowell: Judge of the High Court of Admiralty, 1798–1828 (Cambridge Studies in English Legal History)

Sir William Scott's thirty years as judge of the High Court of Admiralty provide the basis of his reputation as the greatest of civilian (as opposed to common) lawyers. In this major study, the first for over seventy years, Professor Bourguignon analyzes his work as judge of the admiralty court in the light of the little-known, unpublished body of law which had been developed prior to his appointment. His term of office coincided with the Revolutionary and Napoleonic wars, and thus Scott had to bear and determine hundreds of cases involving the capture of vessels in time of war. These prize cases provided Scott with the opportunity to state and develop many aspects of the international law of war, especially the law of neutral and belligerent rights at sea. He also influenced the development of admiralty law in the cases, which he heard of private disputes concerning maritime commerce. Sir William Scott's thirty years as judge of the High Court of Admiralty provide the basis of his reputation as the greatest of civilian (as opposed to common) lawyers. In this major study, Professor Bourguignon analyzes his work as judge of the admiralty court in the light of the little-known, unpublished body of law which had been developed prior to his appointment. His term of office coincided with the Revolutionary and Napoleonic wars, and thus Scott had to bear and determine hundreds of cases involving the capture of vessels in time of war. These prize cases provided Scott with the opportunity to state and develop many aspects of the international law of war, especially the law of neutral and belligerent rights at sea. He also influenced the development of admiralty law in the cases, which he heard of private disputes concerning maritime commerce. His career also throws fresh light on the training and practice of eighteenth-century civilian lawyers who dealt with issues of church or maritime law If one were to reflect on the possible functions of a court with special expertise over maritime problems, one would probably surmise that such a court could be used in three broad areas: to settle the many and varied disputes which arose our of the commercial carriage of goods by sea; to reduce friction with foreign princes by adjudicating conflicts which grew out of the capture or plunder of the ships of other states especially in time of war; and to try, convict and sentence individuals for crimes committed aboard ships beyond the knowledge of any jury and outside the jurisdiction of any land-based court. A biography of the judge reputed to be the greatest of civilian lawyers Henry J. Bourguignon. Includes Index. Bibliography: P. 294-299.