Die Kriminalisierung des Entlaufens von Bord in der Handelsschiffahrt: der Arbeitsvertrag von Seeleuten in rechtsgeschichtlichen und schiffahrtshistorischen Darstellungen

Abstract

In the Iiterature concerning maritime history it is taken for granted that for many centuries, a seaman's leaving his ship was regarded as desertion and harshly punished. This article points out that, on the contrary, until weil into the last century the abandonment of ship duty was treated as a mere violation of trust and only taken to court (as offense against property) when wages paid in advance had not been worked off. In other words this violation first came to be treated as a criminal offense against the private employment contract in the course of the 19th century. The change in status as a result of the shipowners' success in gaining the support of governmental authorities. The subjection of sailors to the demands of modern sea transport was achieved not least of all through establishing the "tradition" of desertion as a legal remedy that was unique for civil law cases.