Some Perils of Turning Small Ships into Big Boats: On the Relevance of Addressing the Real Issues in Law

• The Swedish Maritime Code largely regulates relationships related to subjects (people, companies, etc) who handle ships. According to a central definition in the Swedish Maritime Code 1:2, vessels can be ships or boats. Relatively recently, this definition was changed. The formal effect of this change was that small ships became big boats. With the new definition, the smallest ships, with a length between 12 and 24 meters, are no longer ships. This chapter is about observations on theoretical effects of a change of a legal definition. These observations are primarily relevant when it comes to understanding legal thinking and methodology. What I underline with this chapter is the relevance of addressing typical conflicts of interest in a direct way, that is without letting the objects get in the way of the understanding.

Ämnesord

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Nyckelord

Maritime law

Property law

Swedish Maritime Code

vessels

ships

boats

unintentional re-regulation

Good Faith Acquisition

Legislation that counteracts its purpose

Publikations- och innehållstyp

vet (ämneskategori)

kap (ämneskategori)