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Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.

Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.

Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties.

History of admiralty law[link]

Seaborne transport was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law (Nomos Rhodion Nautikos)(of which no primary written specimen has survived, but which is alluded to in other legal texts: Roman and Byzantine legal codes) and later the customs of the Hanseatic League. In southern Italy the Ordinamenta et consuetudo maris (1063) at Trani and the Amalfian Laws were in effect from an early date.

Islamic law also made major contributions to international admiralty law,^[1] departing from the previous Roman and Byzantine maritime laws in several ways. These included Muslim sailors being paid a fixed wage "in advance" with an understanding that they would owe money in the event of desertion or malfeasance, in keeping with Islamic conventions in which contracts should specify "a known fee for a known duration." (In contrast, Roman and Byzantine sailors were "stakeholders in a maritime venture, in as much as captain and crew, with few exceptions, were paid proportional divisions of a sea venture's profit, with shares allotted by rank, only after a voyage's successful conclusion.") Muslim jurists also distinguished between "coastal navigation, or cabotage", and voyages on the "high seas", and they made shippers "liable for freight in most cases except the seizure of both a ship and its cargo". Islamic law "departed from Justinian's Digest and the Nomos Rhodion Nautikos in condemning slave jettison", and the Islamic Qirad was a precursor to the European commenda limited partnership.The "Islamic influence on the development of an international law of the sea" can thus be discerned alongside that of the Roman influence.^[2]

Admiralty law was introduced into England by Eleanor of Aquitaine while she was acting as regent for her son, King Richard the Lionheart. She had earlier established admiralty law on the island of Oleron (where it was published as the Rolls of Oleron) in her own lands (although she is often referred to in admiralty law books as "Eleanor of Guyenne"), having learned about it in the eastern Mediterranean while on a Crusade with her first husband, King Louis VII of France. In England, special admiralty courts handle all admiralty cases. These courts do not use the common law of England, but are civil law courts largely based upon the Corpus Juris Civilis of Justinian.

Admiralty courts were a prominent feature in the prelude to the American Revolution. For example, the phrase in the Declaration of Independence "For depriving us in many cases, of the benefits of Trial by Jury" refers to the practice of Parliament giving the Admiralty Courts jurisdiction to enforce The Stamp Act in the American Colonies.^[3] Because the Stamp Act was unpopular, a colonial jury was unlikely to convict a colonist of its violation. However, because admiralty courts did not (as is true today) grant trial by jury, a colonist accused of violating the Stamp Act could be more easily convicted by the Crown.

Admiralty law became part of the law of the United States as it was gradually introduced through admiralty cases arising after the adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers in their private lives. Those included are Alexander Hamilton in New York and John Adams in Massachusetts.

In 1787 Thomas Jefferson, who was then ambassador to France, wrote to James Madison proposing that the U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by the laws of the land [as opposed the law of admiralty] and not by the laws of Nations [i.e. not by the law of admiralty]". The result was the Seventh Amendment to the U.S. Constitution. Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented John Hancock in an admiralty case in colonial Boston involving seizure of one of Hancock's ships for violations of Customs regulations. In the more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to the federal bench.

Features of admiralty law[link]

The examples and perspective in this section may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (September 2010)

Maintenance and cure[link]

The doctrine of maintenance and cure is rooted in the Article VI of the Rolls of Oleron promulgated in about 1160 A.D. The obligation to "cure" requires a shipowner to provide medical care, free of charge, to a seaman injured in the service of the ship, until the seaman has reached "maximum medical cure". The concept of "maximum medical cure" is more extensive than the concept "maximum medical improvement". The obligation to "cure" a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they don't "improve" his actual condition. They may include long term treatments that permit him to continue to function well. Common examples include prostheses, wheelchairs, and pain medications.

The obligation of "maintenance" requires the shipowner to provide a seaman with his basic living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself. Consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing.

A seaman who is required to sue a shipowner to recover maintenance and cure may also recover his attorneys fees. Vaughan v. Atkinson, 369 U.S. 527 (1962). If a shipowner's breach of its obligation to provide maintenance and cure is willful and wanton, the shipowner may be subject to punitive damages. See Atlantic Sounding Co. v. Townsend, 557 U.S. ___ (2009)(J. Thomas).

Personal injuries to passengers[link]

Shipowners owe a duty of reasonable care to passengers (for a broad overview of this theory in law, see negligence). Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of a third party. The passenger bears the burden of proving that the shipowner was negligent. While the statute of limitations is generally three years, suits against cruise lines must usually be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either Miami or Seattle.

Maritime liens and mortgages[link]

Banks which loan money to purchase ships, vendors who supply ships with necessaries like fuel and stores, seamen who are due wages, and many others have a lien against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. An action to enforce a lien against a U.S. ship must be brought in federal court and cannot be done in state court.

Salvage and treasure salvage[link]

When property is lost at sea and rescued by another, the rescuer is entitled to claim a salvage award on the salved property. There is no "life salvage". All mariners have a duty to save the lives of others in peril without expectation of reward. Consequently salvage law applies only to the saving of property.

There are two types of salvage: contract salvage and pure salvage, which is sometimes referred to as "merit salvage". In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. The most common salvage contract is called a "Lloyd's Open Form Salvage Contract".

In pure salvage, there is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in court, which will award salvage based upon the "merit" of the service and the value of the salvaged property.

Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to the risk of injury and loss or damage to his equipment to salvage the damaged ship. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship or boat which has already sunk, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying a vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage receive substantially greater salvage award than those performing low order salvage.

In both high-order and low-order salvage the amount of the salvage award is based first upon the value of the property saved. If nothing is saved, or if additional damage is done, there will be no award. The other factors to be considered are the skills of the salvor, the peril to which the salvaged property was exposed, the value of the property which was risked in effecting the salvage, the amount of time and money expended in the salvage operation etc.

A pure or merit salvage award will seldom exceed 50 percent of the value of the property salved. The exception to that rule is in the case of treasure salvage. Because sunken treasure has generally been lost for hundreds of years, while the original owner (or insurer, if the vessel was insured) continues to have an interest in it, the salvor or finder will generally get the majority of the value of the property. While sunken ships from the Spanish Main (such as Nuestra Señora de Atocha in the Florida Keys) are the most commonly thought of type of treasure salvage, other types of ships including German submarines from World War II which can hold valuable historical artifacts, American Civil War ships (the USS Maple Leaf in the St. Johns River, and the CSS Virginia in Chesapeake Bay), and sunken merchant ships (the SS Central America off Cape Hatteras) have all been the subject of treasure salvage awards.^{[citation needed]} Due to refinements in side-scanning sonars, many ships which were previously missing are now being located and treasure salvage is now a less risky endeavor than it was in the past, although it is still highly speculative.

International conventions[link]

Prior to the mid-1970s, most international conventions concerning maritime trade and commerce originated in a private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI was responsible for the drafting of numerous international conventions including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by the International Maritime Organization, which was established by the United Nations in 1958 but did not become truly effective until about 1974.

The IMO has prepared numerous international conventions concerning maritime safety including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping (STCW), the International Regulations for Preventing Collisions at Sea (Collision Regulations or COLREGS), Maritime Pollution Regulations (MARPOL), International Aeronautical and Maritime Search and Rescue Convention (IAMSAR) and others. The United Nations Convention on the Law of the Sea (UNCLOS) defined a treaty regarding protection of the marine environment and various maritime boundaries.

Once adopted, the international conventions are enforced by the individual nations which are signatories, either through their local Coast Guards, or through their courts.

Piracy[link]

Merchant vessels transiting areas of increased pirate activity (i.e. the Gulf of Aden, Somali Basin, Southern Red Sea and Bab-el-Mandeb straits) are advised to implement Self-Protective measures in accordance with most recent Best Management Practices agreed upon by the members of the merchant industry, and endorsed by the NATO Shipping Centre, and the Maritime Security Centre Horn-of-Africa (MSCHOA)^[4]

Individual countries[link]

Common law countries Most of the common law countries (including Pakistan, Singapore, India, and many other Commonwealth of Nations countries) follow English statute and case law. India still follows many Victorian-era British statutes such as the Admiralty Court Act 1861 [24 Vict c 10]. Whilst Pakistan now has its own statute, the Admiralty Jurisdiction of High Courts Ordinance, 1980 (Ordinance XLII of 1980), it also follows English case law. One reason for this is that the 1980 Ordinance is partly modelled on old English admiralty law, namely the Administration of Justice Act 1956. The current statute dealing with the Admiralty jurisdiction of the England and Wales High Court is the Supreme Court Act 1981, ss. 20-24, 37. The provisions in those sections are, in turn, based on the International Arrest Convention 1952. Other countries which do not follow the English statute and case laws, such as Panama, also have established well-known maritime courts which decide international cases on a regular basis.

Admiralty courts assume jurisdiction by virtue of the presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not, and wherever the residence or domicile or their owners may be. A vessel is usually arrested by the court to retain jurisdiction. State-owned vessels are usually immune from arrest.

Canada[link]

Canadian jurisdiction in the area of "Navigation and Shipping" is vested in the Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867.

Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as:

• stevedoring,
• marine insurance,
• warehousing and security services,
• contracts of agency, and
• contracts of carriage.

This list is not exhaustive of the subject matter.^[5]

Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the Statute of Westminster 1931, and in 1971 with the extension to "dry" matters.^[6]

Recent jurisprudence at the Supreme Court of Canada has tended to expand the maritime law power, thus overriding prior provincial laws based on the provinces' power over property and civil rights.^[7]

United States[link]

Jurisdiction[link]

Article III, Section 2 of the United States Constitution grants original jurisdiction to U.S. federal courts over admiralty and maritime matters, however that jurisdiction is not exclusive and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause.^[8]

There are five types of cases which can only be brought in federal court:

• Limitation of Shipowner's Liability,
• Vessel Arrests in Rem,
• Property arrests Quasi in Rem,
• Salvage cases, and
• Petitory and Possession Actions.

The common element of those cases are that they require the court to exercise jurisdiction over maritime property. For example, in a Petitory and Possession Action, a vessel whose title is in dispute, usually between co-owners, will be put in the possession of the court until the title dispute can be resolved. In a Limitation Action the shipowner will post a bond reflecting the value of the vessel and her pending freight. A sixth category, that of prize (law), relating to claims over vessels captured during wartime, has been rendered obsolete due to changes in the laws and practices of warfare.

Aside from those five types of cases, all other maritime cases, such as claims for personal injuries, cargo damage, collisions, maritime products liability, and recreational boating accidents may be brought in either federal or state court.

From a tactical standpoint it is important to consider that in federal courts in the United States, there is generally no right to trial by jury in admiralty cases, although the Jones Act grants a jury trial to seamen suing their employers.

Maritime law is governed by a uniform three year statute of limitations for personal injury and wrongful death cases. Cargo cases must be brought within two years (extended from the one-year allowance under the Hague-Visby Rules), pursuant to the adoption of the Rotterdam Rules.^[9] Most major cruise ship passenger tickets have a one year statute of limitations.

Applicable law[link]

A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-Erie doctrine". While the "Erie doctrine" requires that federal courts hearing state actions must apply substantive state law, the "reverse-Erie doctrine" requires state courts hearing admiralty cases to apply substantive federal admiralty law. However, state courts are allowed to apply state procedural law.^[10] This change can be significant.

Features of U.S. admiralty law[link]

Cargo claims[link]

Claims for damage to cargo shipped in international commerce are governed by the Carriage of Goods by Sea Act (COGSA), which is the U.S. enactment of the Hague Rules. One of its key features is that a shipowner is liable for cargo damaged from "hook to hook", meaning from loading to discharge, unless it is exonerated under one of 17 exceptions to liability, such as an "act of God", the inherent nature of the goods, errors in navigation, and management of the ship.

Personal injuries to seamen[link]

Seamen injured aboard ship have three possible sources of compensation: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act. The principle of maintenance and cure requires a shipowner to both pay for an injured seaman's medical treatment until maximum medical recovery (MMR) is obtained and provide basic living expenses until completion of the voyage, even if the seaman is no longer aboard ship.

Maritime law academic programs[link]

There are several universities around the world that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses:

• Canada
  • Dalhousie Law School - LL.M in marine and environmental law
• Germany
  • University of Hamburg with Max Planck Institute for Comparative and International Private Law - PhD in maritime law
• Malaysia
  • Universiti Teknologi Mara - LL.M in Legal Aspects of Marine Affairs
• Netherlands
  • Erasmus University Rotterdam - LL.M. in Business, Corporate, and Maritime Law; Master of Science (M.Sc.) In Maritime Economics and Logistics (MEL)
• Norway
  • University of Oslo (Scandinavian Institute of Maritime Law) - LL.M in maritime law
• Singapore
  • National University of Singapore - LL.M in maritime law (Graduate Diploma in Maritime Law and Arbitration International Maritime Organization)
• South Africa
  • University of Cape Town - Masters in Maritime Law
• Spain
  • Comillas Pontifical University - Master in Maritime Business and Maritime Law (ICADE - Spanish Maritime Institute)
  • University of Deusto - Master in Maritime Enterprise Management and Maritime Law
• Sweden
  • Lund University - LL.M in maritime law
  • World Maritime University Master of Science in Maritime Affairs (Maritime Law and Policy)
• Thailand
  • Thammasat University - LL.M. in international trade law
• United Kingdom
  • City University London - LL.M in Maritime Law
  • Lloyd's Maritime Academy - Foundation Diploma in Admiralty Law and Practice
  • London Metropolitan University - LL.M. in International Trade, Transport & Maritime Law
  • Plymouth University - LLM Maritime and Marine Law, LLM Maritime and Marine Law and Practice
  • Swansea University (Institute of International Shipping and Trade Law) - LL.M. in commercial and maritime law
  • University of Bristol - LL.M. in maritime law
  • University College London - LL.M. in maritime law
  • University of Hertfordshire - LL.M. in maritime law
  • University of Nottingham - LL.M. in maritime law
  • University of Southampton School of Law (Institute of Maritime Law) - LLB (Maritime Law) and LL.M Maritime Law
• United States
  • St. Thomas University School of Law
  • Tulane University Law School - LL.M in admiralty
  • University of Miami Law School - LL.M in Ocean and Coastal Law

See also[link]

• Admiralty
• Amalfian Laws
• Barratry (admiralty law)
• Declaration of London
• General average
• Prize
• United Nations Convention on the Law of the Sea

References[link]

Boatinglaw.com - What is Boating (Admiralty) Law? Boatinglaw.com - Jones Act and US Build Requirements Boatinglaw.com - Maritime Liens

1. ^ Khalilieh, Hassan Salih (1998). Islamic Maritime Law – An Introduction. Leiden, Netherlands: Brill Publishers. ISBN 978-90-04-10955-1. 
2. ^ Tai, Emily Sohmer (2007), "Book Review: Hassan S. Khalilieh, Admiralty and Maritime Laws in the Mediterranean Sea (ca. 800-1050): The "Kitāb Akriyat al-Sufun" vis-à-vis the "Nomos Rhodion Nautikos"", Medieval Encounters 13: 602–12 
3. ^ See the Stamp Act, March 22, 1765, D. Pickering, Statutes at Large, Vol. XXVI, p. 179 ff (clause LVII relates to jurisdiction in admiralty).
4. ^ NATO Shipping Centre (www.shipping.nato.int)
5. ^ John G. O'Connor (2004-11-05). "Why the Full Extent of the Admiralty Jurisdiction of the Federal Courts has yet to be explored". http://www.cmla.org/papers/AdmiraltyJurisdictionoftheFederalCourts.pdf. Retrieved 2011-09-27. 
6. ^ John G. O'Connor (2011-10-28). "Admiralty Jurisdiction and Canadian Maritime Law in the Federal Courts: The next forty years". http://www.fca-caf.gc.ca/bulletins/whatsnew/03E.%20OConnor_Maritime%20Law%20Jurisdiction_2011-10-17_ENG.pdf. Retrieved 2012-05-25. 
7. ^ Christopher J. Giaschi (2000-10-03). "The Constitutional implications of Ordon v. Grail and the expanding definition of Canadian maritime law". http://www.admiraltylaw.com/papers/Dalspeech.htm. Retrieved 2012-01-10. 
8. ^ 28 U.S.C. § 1333
9. ^ http://www.rotterdamrules.com/en/interpretation/
10. ^ http://docs.law.gwu.edu/stdg/gwlr/issues/pdf/Oliveri-76-5.pdf

External links[link]

Wikiquote has a collection of quotations related to: Admiralty law

• Admiralty and Maritime Law Guide
• Westminster International Maritime Security and the ISPS Code
• LII: Law about... Admiralty
• Law of the Sea at the UN web
• Marine Affairs Institute at Roger Williams University School of Law
• Tetley's maritime & admiralty law
• US Maritime Law

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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (November 2009)

Captain James Hook is the main antagonist of J. M. Barrie's play Peter Pan; or, the Boy Who Wouldn't Grow Up and its various adaptations. The character is a villainous pirate captain of the Jolly Roger brig, and lord of the pirate village/harbour in Neverland, where he is widely feared. Most importantly, he is the archenemy of Peter Pan. It is said that Hook was Blackbeard's boatswain, and that he was the only man Long John Silver ever feared. His only two fears are the sight of his own blood (which is supposedly an unnatural colour) and one fateful crocodile.

Hook wears a big iron hook in place of his right hand, which was cut off by Peter Pan and eaten by a saltwater crocodile, who liked the taste so much that she follows Hook around constantly, hoping for more. Luckily for Hook, the crocodile also swallowed a clock, so Hook can tell from the ticking when she is near. Hook hates Peter obsessively due to his cockiness (and the removing of his hand), as well as the way he always seems to have "good form" without trying or even realizing, which is the best "form" of all, and lives for the day he can make Peter and all his Lost Boys walk the plank.

Creation of the character[link]

Hook did not appear in early drafts of the play, with the capricious and coercive Peter Pan as the closest thing to a "villain" in it. The pirate captain was created for a front-cloth scene to be staged in front of the curtain while the set was changed from Neverland back to the Darling nursery, depicting the children's journey home. Barrie expanded the scene, knowing how much children were fascinated by pirates, and expanded the role of the captain as the play developed. The character was originally cast to be played by a woman: Dorothea Baird, the actress also playing Mary Darling. Gerald du Maurier, who was already playing George Darling (and the brother of Sylvia Llewelyn Davies), persuaded Barrie to let him take the additional role instead,^[2] a casting decision that has since been replicated in many stage and film productions of the Peter Pan story.

Biography of the character[link]

Barrie states in the novel that "Hook was not his true name. To reveal who he really was would even at this date set the country in a blaze." He relates the tale of how Peter Pan cut off his hand and fed it to the crocodile, setting up the rivalry between them. Barrie explains that "he was Blackbeard's boatswain, and that he was the only man Long John Silver ever feared". It is implied that he attended Eton College and Balliol'^[3] in the play; Hook's final words are "Floreat Etona", the College's motto. Barrie confirmed this in a speech delivered in 1927 to the first hundred at Eton College entitled "Captain Hook at Eton".

In Barrie's story, Hook captures Wendy Darling, the girl who loves Peter and whom Peter views as his surrogate mother, and challenges the boy to a final duel. When Hook is beaten, Peter Pan kicks him overboard to the open jaws of the waiting crocodile below. Just before his defeat, however, he takes a final jab at Peter by taunting him about his "bad form". Peter, with the callousness of youth, quickly forgets Hook and finds a new nemesis, but as Hook made a stronger impression on the public, most sequels brought him back one way or another.

Appearance[link]

1912 illustration by F. D. Bedford.

In the novel Peter and Wendy, Hook is described as "cadaverous" and "blackavized", with blue eyes and long dark curls which look like "black candles" at a distance. In most pantomime performances of Peter Pan, and in the film Hook, Hook's hair is simply a wig. He has a hook in place of his right hand (this is often switched to his left hand in film adaptations) and can use it as well as, or instead of, a sword when fighting. He is also described as having a "handsome countenance" and an "elegance of [...] diction" – "even when he [is] swearing". Captain Hook is often portrayed wearing a large feathered hat, a red, black or blue coat, and knee breeches. This pertains to the novel's description of him "In dress he somewhat aped the attire associated with the name of Charles II". Hook is often seen with a custom-made cigar holder that lets him smoke two cigars at once. Barrie also said of him in "Captain Hook at Eton" as, "In a word, the handsomest man I have ever seen, though, at the same time, perhaps slightly disgusting". While Hook is an evil and bloodthirsty man, Barrie makes it clear that these qualities make him a magnificent pirate and "not wholly unheroic".

In stage appearances and films, George Darling and Captain Hook are often played by the same actor, perhaps based on the belief in the book that "All grown-ups are pirates."

[edit] Peter Pan in Scarlet

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Geraldine McCaughrean's authorized sequel to Peter Pan gives Peter a new nemesis, while bringing back the old favourite.

Ravello, a circus man in a ragged woollen coat constantly unravelling, who offers to be Peter's valet to look after him in the quest for the treasure. Ravello's influence turns Peter Pan into a reincarnation of Captain Hook. Ravello is revealed in the middle of the book to be the old James Hook, who escaped the crocodile. The scarred character who emerged from the crocodile's stomach was no longer the pirate who jumped from the deck of the Jolly Roger, but Ravello, the travelling man.

One of Ravello's trophies is an Eton trophy dated 1894. If Hook was 18 - the last year of an Etonian - in that year, then he was born in 1876, a full one-hundred and one years after his appearance at The Pirates' Conference [see below], and even further after the times of Blackbeard and Long John Silver. It must also be said that Hook in this book denies that he was ever with Blackbeard, claiming that he would never have served such an uneducated man and that all suggestions that he has are merely rumours started by his enemies. Only upon receiving Wendy's kiss, and five weeks' worth of sleep, does the real James Hook again reveal himself.

[edit] Capt. Hook: The Adventures of a Notorious Youth

According to the (non-canon) novel Capt. Hook: The Adventures of a Notorious Youth, Captain Hook was born the illegitimate son of a nobleman, "Lord B", and an unnamed woman Hook has never met (however, throughout the story, there are multiple clues in the way characters act and react that the unnamed woman may in fact be the Queen). Denounced by Lord B, James Matthew is brought up by a Shakespearean actress he calls Aunt Emily. When he is fifteen he unwillingly attends Eton College as an Oppidan scholar.

James strives to reach the top of his class at Eton. He is an avid reader of Shakespeare and Shelley, and his motto is "Knowledge is Power". He describes many things as first rate - "Topping Swank", and he punctuates his sentences with "The End." He is very interested in the French Revolution.

In the novel James has only a few friends - Roger Peter Davies, whom he nicknames "Jolly Roger" and later names his ship after; and his pet Electra, a fatally poisonous spider. However, James Matthew has many enemies, particularly Arthur Darling, a seventeen-year-old Colleger, whom he rivals in studies, fencing, sports, and the attentions of the visiting Ottoman Sultana Ananova Ariadne. Although James successfully woos Ananova, their mutual affection sets off a chain of political outrage that affects the noble position of Lord B. Lord B selfishly arranges for James to leave Eton on his trading ship, the Sea Witch. The deeply hurt James doesn't leave without defeating Arthur in a final fencing duel, terrifying him with a home-made guillotine. He also burns his own school records so there would be no traces of his well-liked "notorious" behaviour.

James leaves Eton with Jolly Roger. Once on the trading ship, he meets the boatswain Bartholomew Quigley Smeethington, generally called Smee. Smee and all the other sailors live in terror of their ruthless captain, who, in a cruel twist, also happens to be a Christian priest. James, as always, is able to empathize with the underdogs. When James discovers in horror that his father is a slave trader, he frees the slaves on the ship and overthrows the ship's captain (who then is killed by Electra), and then murders the quartermaster with a metal hook.

Throughout Capt. Hook, author J.V. Hart relates events in James Matthew Barrie's life and the lives of the Llewellyn-Davies children; including naming James's arch-enemy after the Llewellyn-Davies' father. The author mainly expands upon details in Barrie's original play and novel, while changing a few key points - he ascribes James's strange colouring and yellow blood to a blood disorder; James's long dark hair is natural, rather than the usually suggested wig; James is christened "Hook" after murdering the quartermaster of the Sea Witch, rather than in reference to his prosthetic hand (in the original novel, Hook was known as "Hook" before he lost his hand, so this is consistent).

[edit] Peter and the Starcatchers

In the novel Peter and the Starcatchers by Dave Barry and Ridley Pearson, Captain Hook is at his nastiest - he is described as greasy and filthy, with terrible breath, beady black eyes, and a pock-marked face. He eats raw meat in his room, often leaving the food on his bed. This grotesque image of Hook contrasts strongly with J. M. Barrie's Etonian gentleman. In Peter and the Starcatchers, which takes place before the captain meets Peter Pan, Hook is called "Black Stache" because of his moustache, and his ship is called the Sea Devil - he obtains the Jolly Roger after using a corset-shaped sail to attack a British ship named the Wasp. In this prequel, although Peter cuts off Hook's hand, he does not throw Hook's hand to the crocodile; the animal simply gobbles it up in passing. Black Stache is renamed Captain Hook in the second installment, Peter and the Shadow Thieves. Which hand is severed differs. In Barrie's original novel, his right hand was purposely cut off by Peter. In Barry and Pearson's adaptation, his left hand was accidentally cut off by Peter, which would make their story non-canon to Barrie's original.

[edit] Peter and the Starcatcher (Play)

In the Broadway play, Black Stache, portrayed by Christian Borle, is a fast-talking, cruel gentleman who speaks in rhyme. He's also a bit foolish (his crew insists that the reason no one's heard of them is because they've been "keeping a low profile," indicating that the group has never really taken over any ships). In their final confrontation, Peter does not cut off Black Stache's hand. Rather, Hook closes the stardust chest on his wrist in a fit of anger and severs his own hand, then asks Peter if they could be mortal enemies in exchange for Molly and the Lost Boys' freedom, thus cementing his status as a fearsome pirate—since all fearsome pirates must have an arch-enemy.

Disney[link]

The version of Captain Hook who appears in the Disney animated film adaptation of Peter Pan is somewhat of a comic relief character, a fop prone to crying out for help as well as being called a codfish and having his clothes repeatedly ruined. This Captain Hook has the hook in place of his left hand instead of his right. In early development, the story department wrote their analysis of Hook's character: "He is a fop...Yet very mean, to the point of being murderous. This combination of traits should cause plenty of amusement whenever he talks or acts."^[4]

Frank Thomas was the directing animator of Hook.^[5][6] According to Disney's Platinum release bonus features, Hook was modeled after a Spanish King. One director insisted that Hook should be a darker villain with no comedic traits. Yet this would not work during the crocodile scenes. The animators realized he could not be truly evil, because of the children in the film that he would be threatening. The result is a "bad guy," but only to the point of matching Peter Pan.^[4]

Actor Hans Conried set the tone for Disney's interpretation of Hook, as he was the original voice for the Captain, as well as, in the tradition of the stage play, Mr. Darling. In addition Conried's acting skills were used, as he performed live-action reference for the two characters.^[7] In modern animation, Hook is voiced by Corey Burton.

Appearances[link]

Captain Hook is introduced in the animated film as a cunning, sinister man, plotting to trap Peter in his lair, but also a bit of a buffoon, hiding from the crocodile nicknamed 'Tick Tock' who took off his hand. He seeks revenge on Peter Pan for having fed the crocodile his hand amidst battle, and will keep his ship and its crew anchored in Never Land's waters until he finds the boy.^[7] Hook is a dangerous villain, without conscience, yet is dependent on his sidekick, Mr. Smee. He is fairly cunning and has a bit of a taste for loopholes in contracts or deals — after he promises Tinker Bell that he will not lay a finger (or a hook) on Peter, he then lays a bomb in Peter's hideout, since he didn't say he wouldn't do that. When Peter defeats Hook, he begs for mercy and promises to leave Neverland forever. However, Hook tries to attack Peter again, only to be foiled. At the conclusion of the film, Hook is being chased by the crocodile off into the distance. Walt Disney insisted on keeping Hook alive, as he said: "The audience will get to liking Hook, and they don't want to see him killed."^[4]

In the sequel Return to Never Land, Hook's comical side is expanded to the point where the character becomes, almost, a complete fool, little more than a joke. He mistakes Wendy's daughter Jane for her thinking she is the young Wendy, and uses her as bait to lure Peter Pan to his death. After this fails, he promises to take Jane home if she'll help him find the island's treasure (which leads to his taste for loopholes being made a comical trait as well). Another loophole he employs is that he promises Jane, "Not to harm a single hair on Peter Pan's head". After he captures Peter, he pulls a single hair out of Peter's head and says; "And THIS is the one I won't harm! Here, you keep it", and he tosses it to Jane; "The rest of him is mine". Unlike the rest of his crew, Hook is still competent enough to do something right, and takes Jane captive (after she and Tinker Bell manage to free Peter and the Lost Boys) in the final battle. However, he is quickly subdued and thrown into the water by Peter. His ship is sunk by the huge, half-blind octopus who believes him to be a codfish, and he and the pirates flee with the octopus behind them. It is unknown if they are ever eaten or not.

He stars in the Disney Interactive computer game, Disney's Villains' Revenge. He stole the happy ending of Peter Pan and altered the story. Peter was reduced to an elderly man and lost his fighting touch. The player would go against Hook in a duel and win, defeating Hook and returns Peter to his rightful age. Captain Hook fought the player again in the final battle along with the Queen of Hearts, Ringmaster and the Queen, but saw his ship destroyed. He retreats to Skull Rock where he fires cannonballs. Unfortunately, one is deflected and sends him flying into the sky. As he flies past the moon, he says to himself "I hate happy endings!"

Hook also appeared frequently on Disney's House of Mouse, and was one of the main villains of Mickey's House of Villains who take over the House of Mouse. He also appeared in Mickey's Magical Christmas: Snowed in at the House of Mouse. Prior to this, he also made a special guest cameo on Raw Toonage in the episode hosted by Don Karnage from TaleSpin; there, he challenged Karnage to a swordfight for a treasure chest and won. In the Disney Junior series Jake and the Never Land Pirates, Hook serves as the series antagonist.

Occasionally, Hook appears in the Scrooge McDuck universe of comic books as the nemesis of Moby Duck, a whaler cousin of Donald Duck.

Kingdom Hearts[link]

Captain Hook (フック船長, Fukku Senchō^?) appears in the Action/RPG game Kingdom Hearts, in cooperation with Maleficent and other villains. He uses his pirate ship to get himself between worlds.

He takes Riku along with him, where Kairi is being held. Hook does not like Riku's bossiness and regrets taking him along; nonetheless, he follows his orders, as Riku now has control over the Heartless and would most likely unleash them on him should he disobey. When Sora, Donald, and Goofy arrive in Neverland, Riku throws them in the hold where they meet and escape with Peter Pan, who is searching for his friend Wendy. Captain Hook believed that Wendy was a "Princess of Heart" and that is why he captured her. However, Riku reports to him from Maleficent that Wendy is not a Princess of heart at all, irritating Hook (he hints that kidnapping Wendy was a very difficult task). After defeating the Heartless below deck, Sora fights a copy of himself summoned by Riku in Hook's office. After confronting Hook on the deck, learning that Riku took Kairi to Hollow Bastion, Sora and company are forced to surrender when Hook uses Tinker Bell as a hostage. When the crocodile appears, Hook flees to his office while telling Smee to have their prisoners walk the plank. However, Peter Pan returns to save Sora before using his Smee imitation to trick Hook out to the deck, resulting in the villain being thrown overboard and chased into the horizon by the crocodile. He later reappears in Kingdom Hearts 358/2 Days, finding a large amount of treasure maps all leading to boxes that are actually set to release Heartless once Hook opens the chest (unknown to Hook and Smee, however, is that these chests were set up to help build Pete's Heartless army). In Kingdom Hearts: Chain of Memories he appears as a figment of Sora's memories and is absent in Kingdom Hearts II. Hook later appears in the game series prequel, Kingdom Hearts Birth by Sleep, where he tricks Terra into attempting to kill Peter Pan for him. He later kidnaps Tinker Bell and takes Mickey Mouse's star fragment, but is defeated by Ventus and thrown into the water, where the crocodile chases him off. His Japanese voice actor was Chikao Ōhtsuka up until Birth by Sleep, where Chikao Ōhtsuka was cast as Master Xehanort and Hook thus voiced by Naoya Uchida. His English voice actor is Corey Burton.

[edit] Epic Mickey

Captain Hook is also featured prominently in the Wii game, "Epic Mickey", as the third boss. He appears in the Ventureland world, where he has been converted into an animatronic, cyborg version of himself (referred to in the game as a Bettleworx) and is waging an attack against the non-converted pirates. Smee, his loyal henchmen and one of the surviving pirates, request that Mickey Mouse find a way to save Hook. The player can either fight Hook by themself and earn a thinner upgrade (and a "bad ending" clip that shows the hook, what remained of Captain Hook after he was devoured by the robotic Crocodile, floating and sinking into the sea), or free the Sprite and have Peter Pan defeat him and earn a paint upgrade (and a "good ending" clip showing Peter Pan and Captain Hook in a duel).

Live events[link]

Captain Hook also appears at the Walt Disney Parks and Resorts as a meetable character, as well as part of the dark ride Peter Pan's Flight.

In Fantasmic! at Disneyland, there is a scene in which we see Captain Hook and Peter Pan duelling aboard the Jolly Roger (portrayed by the Sailing Ship Columbia). This is replaced by a short re-enactment of Disney's Pocahontas at Disney's Hollywood Studios.

At Disney World's Dream-Along with Mickey show, Hook, along with Smee, is one of the villains that crashes Mickey's party. This happens when Peter and Wendy appear to make Goofy's dream for some adventure come true and play a game of "Pretend to Be Pirates" with Donald Duck, who pretends to be the captain until the real Hook appears and challenges Peter to a duel. At first, Hook's appearance seems to take place for no reason other than to add some action to the show, but is revealed to actually be working for Maleficent, who is insulted after not being invited to the party. He is defeated by Mickey Mouse, who leads the audience in a chant of "Dreams come true!", and scares off the villains.

At the Disney Villains Mix and Mingle Halloween Dance Party at Mickey's Not-So-Scary Halloween Party, Hook is summoned up by Maleficent along with the other villains, and co-hosts along with her, revealed by him being the only one of the villains beside her to sing and also being the villain that dances with her.

Other appearances[link]

[edit] Peter Pan (1954 musical)

Most notably, Cyril Ritchard played Captain Hook in the 1954 musical adaptation which starred Mary Martin as Peter Pan.

[edit] Peter Pan - The Animated Series (no boken)

In 1989, the Japanese Nippon Animation produced 41 episodes of Peter Pan - the Animated Series; this was aired on World Masterpiece Theater and in several other countries.

Hook's personality was far closer to the original character from Barrie's novel. Rather than the more clownish Hook portrayed in the Disney version, Hook was an aggressive strategist, feared by his crew and everyone else, except Peter. Besides his first objective, which is to destroy Peter Pan, he also is eager to become Neverland's first king. Hook also had a second hook-hand that both looked and functioned in a similar fashion as a crab claw.

He was voiced in the Japanese version by Chikao Ōhtsuka, who also portrayed the Disney incarnation of the character in Japanese media, particularly in Kingdom Hearts and Kingdom Hearts: Chain of Memories.

[edit] Peter Pan and the Pirates

In 1990, Fox produced the television series Peter Pan and the Pirates. Appearance wise, Hook was more early 18th century rather than the classic Charles II Restoration period. He also had white hair, rather than black. Hook's personality is far closer to Barrie's original character; he terrifies his crew, brutalizes his enemies, has no fear (except where the crocodile is concerned), shows great intelligence, and is passionate about plays by William Shakespeare. He was voiced by Tim Curry, who won an Emmy for this part. While the original version of Hook was said to have learned the pirating trade as the cabin boy of Edward Teach, better known as Blackbeard, this version learned it as the Midshipman of his elder brother, a notorious pirate who commanded a frigate called the Rake. Originally engaged to a young woman, one Christmas Day raid sees the Hook brothers (Hook's name in this account is given as "James Hook") capture a ship transporting Hook's fiancee, Cecilia. Also on a Christmas Day, the two brothers have a disagreement over the sharing of the loot, fighting a duel in which Hook leaves the ship after gouging out his brother's eye, thus earning him the moniker of "Captain Patch". While Hook eventually finds his way to Neverland, and thus a form of immortality, Patch perishes somewhere, his treasure eventually ending up in Neverland. One episode involves Hook finding the treasure, and unwittingly awakening the malevolent ghost of his elder brother.

[edit] Hook (1991 Film)

In the film Hook, Captain James Hook is played by Dustin Hoffman. Hook kidnaps the children of a now adult Peter to lure his arch-enemy back to Neverland after several years away. He then negotiates with Tinker Bell to let the out-of-shape Peter have three days to rekindle his spirit. He is somewhat depressed since Peter Pan, now named Peter Banning (played by Robin Williams), has left Neverland, and worries he has nothing left to accomplish, having killed the crocodile and made it into a foundation for a clock tower. He wants to have a grand war with Peter to end all wars on Neverland, but is upset to learn Peter has grown up and has forgotten everything about his past. He also has grown tired of killing Lost Boys. In one scene, he attempts to shoot himself, after which he comments, "Death is the only great adventure I have left." He keeps a clock museum full of broken clocks, since he becomes gripped with fear when he hears one ticking, likely because of the clock the crocodile ate. Ironically, this phobia is one of the factors that leads to his defeat.

At the same time, Hook attempts to brainwash Peter's children to his side by saying their father never loved them, and he is successful with Peter's son, Jack, who Peter already had a strained relationship with, and Jack soon sees Hook as a father figure. Peter's daughter, Maggie, however, retains her faith in her father. Eventually, Peter returns to rescue his children, and gives Hook the final battle he yearns for. Having won back Jack's loyalty after Hook slays Rufio - the previous leader of the Lost Boys - in front of Jack, Peter and Hook engage in a final duel amid a circle of Lost Boys holding him at bay with clocks, and is apparently "eaten" by the crocodile who seems to temporarily come back to life and falls on top of him. His final words are: "I want my mommy!"

In the film, Hook's hook is on his left hand due to Hoffman being right-handed, and has other attachments besides the hook, including a goblet and a pointer. He dresses very elegantly with a gold-trimmed red coat, matching hat, and a wig that hides his balding head. He keeps a ceremonial captain's sword at his side, but switches it for a proper dueling sword when fighting Rufio and Peter.

Hook's physical appearance in the film is heavily influenced by Disney's portrayal, though with greater embellishments of gold and silk on his clothes, and curled ends to his moustache (like a Hook), but he is far more threatening and closer to the characterization in Barrie's novel as gentleman pirate. He also seems to have the ability to travel to and from Neverland via the Jolly Roger, which is how he manages to kidnap Jack and Maggie, setting the primary conflict of the film into motion.

[edit] Peter Pan (2003 film)

In the 2003 film adaptation of Peter Pan, Captain James Hook is portrayed by British actor Jason Isaacs. Isaacs also plays the role of George Darling, Wendy's father, following a tradition which comes from the original play. In this version, Jason Isaacs has the hook on his right hand, which requires a shoulder harness to be worn while it is fastened on, presumably to help regulate the weight Hook feels while using it.

Hook, in this film is feared and ruthless, but also of a gentleman-like nature. He entrances Wendy for a while, but she later proclaims to him that she'd rather die than be a pirate. Hook also learns to fly, thus almost defeating Peter. Ultimately, the bad thoughts bring him down and he drops, resignedly, into the crocodile's mouth.

Sergio Bonelli Editore comic books[link]

In the Italian comic books published by Sergio Bonelli Editore, Captain Hook appears in at least two different versions. In Martin Mystère comic book, Neverland is located in the heart of London, the Lost Boys are actually late 18th century British students influenced by the French Revolution, and Captain Hook is a 19th century pirate who rules Neverland with an iron fist.^[8] In Dylan Dog comic book, Captain Hook's biography is the same as in J. M. Barrie's story, but he left Neverland after his defeat on the hands of Peter Pan. He came to the modern late 20th century world where he became a successful businessman.^[9]

Pirates of the Caribbean[link]

In A. C. Crispin's 2011 novel Pirates of the Caribbean: The Price of Freedom, Captain Hook is referenced in a conversation between Captain Teague and Pirate Lord Don Rafael. "You'll never guess who I encountered at Oporto a few months ago. [...] James. [...] He's lost a hand. [...]he said it wasn't so bad, the hook was as good as a dagger in a fight. [...] He didn't look a day older, not a day. [...] James was a lot more...subdued. [...] The taberna keeper's little lad came round to collect our plates, and when he turned and saw he, for just a second he looked--scared. No, worse than that. Terrified. [...] Can you imagine that? Afraid! Of a young boy!"^[10] One of the early concept arts for Pirates of the Caribbean: At World's End showed a pirate similar to Captain Hook as one of the Pirate Lords of the Fourth Brethren Court.

Shrek film series[link]

Captain Hook is a minor character in the film Shrek 2, playing the piano in the "Poisoned Apple" tavern. In Shrek the Third, he has a greater role as a secondary villain.

[edit] Neverland (TV Miniseries)

In the TV miniseries Neverland, James Hook is played by Rhys Ifans and his past story is not related to the original story. He is introduced as "Jimmy", a fencing teacher and leader of a small group of pickpocketing children, in London of 1906. Jimmy treats the children as if his own and cares about their safety, especially Peter, who is part of the gang. Jimmy is after a mysterious orb from an antique shop, which Peter and his gang steal, but unknown to Jimmy. The orb sends the latter and all the boys, except Peter, to Neverland.

Jimmy and the boys (except for one called Fox) are found and captured by pirates who take them back to their ship to be questioned by Elizabeth Bonny, captain of the Jolly Roger. Bonny thinks that Jimmy's skill in sword fight would be useful to her and befriends Jimmy, who reveals that his name is James Hook. Bonny informs Jimmy that dust from the "Tree Spirits" has the ability to turn a person into a god but does not know how to use it properly. Jimmy offers his services to Bonny in exchange for the boys' safety.

Peter finds his way to Neverland and with Fox, try to rescue the other boys from the pirates but in the ensuing battle, Fox is killed by Starkey. Jimmy, Bonny, and a few pirates follows Peter who has now teamed up with Tinker Bell, one of the tree spirits, and Tiger Lily, a member of the Kaw tribe also stranded on Neverland, to a city where a certain Professor Fludd explains what Neverland is and tells Peter how to return to Earth thanks to the orb. Jimmy goes after Peter to London, and tells him about the promise he made to Peter's mother whom he loved, and shows him a pocket watch once owned by Peter's father.

Back in Neverland, Jimmy gradually becomes a pirate and explores the island to find the tree spirits location, where he comes to face with a flying Peter. Jimmy tricks Peter into showing him the location of the tree spirits. Bonny, who has followed them, tries to gain power over the spirits but fails and dies. Jimmy, in a rage, reveals that he killed Peter's father and attempts to leave the island. But Peter follows Jimmy to a cave where the orb is held and fights Jimmy. As Jimmy is about to deliver the killing blow, Peter cuts Jimmy's right hand off which falls into the water and is eaten by a crocodile. Jimmy throws the pocket watch at Peter but it misses and falls into the water where it is eaten by the same crocodile.

References[link]

External links[link]

• Captain Hook at the Internet Movie Database
• Captain Hook in the Disney Archives - Villains
• http://www.oxfordadvancedlearnersdictionary.com/dictionary/captain-hook

v t e J. M. Barrie's Peter Pan Characters and setting Peter Pan Wendy Darling Captain Hook Tinker Bell The Lost Boys Other characters Neverland Official books and plays The Little White Bird (1902) Peter Pan in Kensington Gardens (1906) Peter and Wendy (1911) Peter Pan in Scarlet (2006) Films Peter Pan (1924) Peter Pan (1953) Hook (1991) Return to Never Land (2002) Peter Pan (2003) Neverland (2003) Finding Neverland (2004) Tinker Bell films Tinker Bell (2008) The Lost Treasure (2009) The Great Fairy Rescue (2010) Pixie Hollow Games (2011) Secret of the Wings (2012) TV series The Lost Boys (1978) The Adventures of Peter Pan (1989) Peter Pan and the Pirates (1990–91) Jake and the Never Land Pirates (2011–present) Neverland (2011) Theatre 1950 musical 1954 musical 1976 musical Peter Pan: A Musical Adventure Peter and the Starcatcher (play) Peter Pan 360 (play) Video games Peter Pan and the Pirates Hook Starcatchers books Peter and the Starcatchers Peter and the Shadow Thieves Peter and the Secret of Rundoon Peter and the Sword of Mercy The Bridge to Neverland Never Land Books Other media Peter Pan's Flight (ride)