DISPLACE

6 definitions found across Law Mind sources

DISPLACEAuthored
The Law Mind • 951 words
Definition
In maritime law, to displace an officer means to reduce that officer in rank or rating — that is, to disrate — not to discharge or terminate employment entirely. The term appears in shipping articles (the written contracts governing the rights and duties of crew members) and carries a narrower, more specific meaning than its ordinary English counterpart. The distinction is consequential: a master who displaces a second mate has moved that officer to a lower position within the vessel's hierarchy; the officer remains employed aboard the ship. Displacement does not confer authority to put the officer ashore or sever the employment relationship. This reading held even where trade custom argued otherwise — courts declined to allow usage in the whaling trade (where officers were never disrated to seaman) to expand "displace" into a power of discharge.
Common Language
Modern common usage (Wiktionary): To put something or someone out of place; to move forcibly, especially people from their homeland; to supplant or take the place of another; in physics, to have a weight equal to that of the water displaced. Historical common usage (Webster's 1913): To change the place of; to remove from usual or proper position; to crowd out; also, to remove from a state, office, dignity, or employment — to discharge. Webster's 1913 explicitly treats "displace" as including the power to discharge from office or employment. The legal meaning as it appears in shipping articles is narrower and more technical: displacement means reduction in rank only, not discharge. A researcher relying on the ordinary or historical common meaning would misread maritime contracts and the authority they grant a ship's master.
Common Confusion
DISPLACE vs. DISCHARGE: In general employment and ordinary language, the two concepts often merge — to displace someone from their position is understood as removing them from it entirely. In maritime law and shipping articles, they are sharply distinct. Discharge ends the employment relationship; displacement reduces rank while preserving it. The historical dictionaries are unanimous on this point, and the confusion between the two was apparently live enough in practice that courts needed to address it directly. DISPLACE vs. DISRATE: Displace and disrate are functional synonyms in this maritime context — to displace an officer is to disrate that officer. Disrate is the more precise technical term; displace is the word that appeared in shipping articles and required judicial construction.
Why It Matters in Research
The legal meaning of DISPLACE is essentially confined to maritime contract interpretation, and specifically to the construction of shipping articles. Researchers working in admiralty law, maritime labor history, or the law of seafarers' contracts need to treat this as a term of art, not a general term. Several research traps apply: First, the ordinary and historical common meanings of "displace" (including discharge from office) will pull in the wrong direction. Webster's 1913 expressly includes discharge within "displace," directly contradicting the legal maritime definition. Do not import the common meaning into shipping article analysis. Second, trade custom arguments were raised and rejected. Even where a trade practice — here, the whaling industry norm against disrating officers to seamen — cut against the strict reading, courts held the term to its maritime legal meaning. This matters for researchers examining how courts handled the relationship between custom and contract language in 19th-century maritime law. Third, the term has virtually no presence outside the shipping articles context in the historical legal dictionaries. Researchers looking for DISPLACE in other areas of law (property, employment, administrative law) will find the historical dictionaries offer no guidance. Modern usage of "displacement" in those fields — workforce displacement, displaced homemakers, displacement of federal law — has no connection to this maritime definition and must be researched through entirely different sources. Fourth, corpus connections: DISPLACE links naturally to the broader cluster of maritime employment terms (DISRATE, DISCHARGE, SHIPPING ARTICLES, MASTER) and to the body of 19th-century admiralty case law. Researchers tracing the authority of a ship's master over crew will find this term at the boundary between managerial power and contractual limit.
Historical Dictionary Support
All four historical sources agree completely and draw from the same authority: Potter v. Smith, 103 Mass. 68. Black's (both editions), Bouvier's, and Anderson's are in full accord that "displace" in shipping articles means disrate, not discharge, and that the term does not extend the master's authority to terminate a second mate's employment. Black's second edition is the most complete, naming the case explicitly (Potter v. Smith) where the first edition references only the reporter citation. Bouvier's and Anderson's are characteristically terse, restating the rule in a single line each. None of the historical dictionaries add independent analysis or diverge from one another. What the historical sources do not address: the term's application beyond the whaling context, any evolution of its meaning in later maritime practice, or how shipping articles drafted after the late 19th century might have modified or clarified the term. The corpus coverage here is thin by modern standards — this is a narrow holding on a single word in a single trade context, treated as settled and not further elaborated.
Jurisdictional Note
The foundational authority is a Massachusetts state court decision applying maritime contract principles. Federal admiralty jurisdiction governs shipping articles as a general matter, but this particular interpretive rule emerged from state court treatment of a maritime contract dispute. Researchers should verify whether federal admiralty courts independently adopted the same construction.
Related Terms
Disrate Discharge (maritime) Shipping Articles Master (maritime) Seaman Articles of Agreement Maritime Employment Demote Displaced Worker (modern labor law — distinct concept)
DISPLACEmain
Black's Law Dictionary • 1891
This term, as used in ship- ping articles, means “disrate,” and does not import authority of the master to discharge a second mate, notwithstanding a usage in the whaling trade never to disrate an officer to a seaman. 103 Mass. 68.
DISPLACEmain
Bouvier's Law Dictionary • 1928
Used in shipping articles, and, when applied to an officer, meaning properly to disrate, not to discharge. 103 Mass. 68.
DISPLACEmain
Anderson's Dictionary of Law • 1890
In shipping articles, to disrate; not, to discharge.3
DISPLACEv.
Websters Unabridged Dictionary (1913) • 1913
To change the place of; to remove from the usual or proper place; to put out of place; to place in another situation; as, the books in the library are all displaced. To crowd out; to take the place of. Holland displaced Portugal as the mistress of those seas. London Times. To remove from a state, office, dignity, or employment; to discharge; to depose; as, to displace an officer of the revenue. To dislodge; to drive away; to banish. [Obs.] You have displaced the mirth. Shak.
displaceverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To put out of place; to disarrange. | To move something, or someone, especially to forcibly move people from their homeland. | To supplant, or take the place of something or someone; to substitute. | To replace, on account of being superior to or more suitable than that which is being replaced. | To have a weight equal to that of the water displaced. | To repress.

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