n Transactions of the Centre for Business Law - Conclusion : reconceptualising the maritime lien and the conflict of laws




The speculative explanations about the origin, nature and justification of the maritime lien have resulted in an avoidance of analytical jurisprudence, almost as though abstract jurisprudence would be a judicial straightjacket for the concept of the maritime lien. The fact that the maritime lien has evolved over a period of time and was conceptualised when analytical jurisprudence was still in its swaddling clothes does not mean that the maritime lien should not be analytically considered, especially in the context of the conflict of laws. Like maritime legal problems in general, maritime lien problems cannot be solved by admiralty law alone because the law is so closely concatenated, in particular where a "maritime lien is plainly a legal term of art which describes a juristic concept which exists in many legal systems".


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