Will the Circle Be Unbroken? Continuity and Change of the <i>Lex Rhodia</i>'s Jettison Principles in Roman and Medieval Mediterranean Rulings

Emilia Mataix Ferrándiz

Al-Masāq · 2017 · 19 citations · 0 references

Concepts

Abstract

Jettison is the practice of throwing goods overboard in order to lighten and consequently save a vessel, as well as the lives of those on board. This phenomenon has long been part of seafaring, with the dangers of navigation not having changed since ancient times. Accordingly, various bodies of maritime law emerged in the medieval era to handle the consequences of such events. This article will discuss how the principles of jettison and general average introduced by the Lex Rhodia and maintained in Roman law were understood in some medieval regulations. Although most legal texts indicate a common understanding of the principles of general average, opinions vary widely on details of procedure and events covered by the rulings. This analysis will show how the rules of jettison and general average are treated in different contexts and by the diverse societies administering them.