General Overview of the Nature and Origin of Damages, Including a General Historical and a Philosophical Review of Damages Under the Tort System

Article by James F. Moseley

This overview of maritime damages in tort reflects on nineteenth-century and twentieth-century law as developed by writers and court opinions. It traces the philosophical bases of remedies from the admiralty foundations of the United States Constitution to the present. The need for uniformity and harmony in a single national system is discussed and analyzed from the perspective of damages. The Article should assist those confronted with contemporary admiralty and maritime damage issues to analyze those issues from the overarching perspective of nearly two centuries of legal thought and opinion.


About the Author

James F. Moseley. President, The Maritime Law Association of the United States. A.B., The Citadel; J.D., University of Florida. Moseley, Warren, Prichard & Parrish, Jacksonville, Florida.

Citation

72 Tul. L. Rev. 383 (1997)