The problem of jettison in medieval Mediterranean maritime law

Abstract

The necessity of jettison in the face of a threatened shipwreck was a ubiquitous phenomenon of medieval maritime travel, and thus a body of maritime law emerged to handle the consequences of this event. This paper examines the variety of solutions to the problems arising from jettison proposed by Roman and medieval lawyers in the Mediterranean world, both Christian and Muslim, from the 6th century to the 14th century. Although most legal texts indicated a common understanding of the principals of general average (an almost universal system for equitably distributing losses following a jettison), opinions varied widely on details of procedure. Who, for example, took part in the decision that jettison was necessary? How were calculations made for assessing loss and value, and who was liable to pay compensation? Differences of opinion on these and other issues suggest that regional maritime laws may have been more affected by local practice than by adherence to the particular legal tradition with which they were more generally affiliated.