“The general maritime law is characterized by the expansive and dominant role played by federal courts in fa-shioning and applying its precepts to new situations. Large areas of maritime tort law have not been touched by legislation; these are left to the federal courts to define and fill. In areas preempted by legislation, federal courts may not establish principles in derogation of the congressional mandate. However, in the framework of admiralty jurisdiction, federal courts may still play an active role in interpreting statutes, filling gaps, and coordinating legislation with the general maritime law.” Thomas J. Schoenbaum, Admiralty and Maritime Law 122 (1987).
general maritime law
general maritime law. The body of U.S. legal precedents and doctrines developed through caselaw in maritime and admiralty litigation. • General maritime law is a branch of federal common law. It is distinguished from statutory law. Cf. MARITIME LAW; LAW OF THE SEA.
