terça-feira, julho 04, 2017

"All (Literally) in the Same Boat"

Começo por recordar Aristóteles e a sua reflexão sobre os actos voluntários e involuntários. Depois, convido à leitura de Nassim Taleb acerca da Lei de Rhodes aplicável ao comércio marítimo (e parece que também aplicável às caravanas de camelos):
"All (Literally) in the Same BoatGreek is a language of precision; it has a word describing the opposite of risk transfer: risk sharing. Synkyndineo means “taking risks together”, which was a requirement in maritime transactions.
The Acts of the Apostles describes a voyage of St Paul on a cargo ship from Sidon to Crete to Malta. As they hit a storm: “ When they had eaten what they wanted they lightened the ship by throwing the corn overboard into the sea.”
Now while they jettisoned particular goods, all owners were to be proportioned the costs of the lost merchandise, not just the specific owners. For it turned out that they were following a practice that dates to at least 800 B.C., codified in Lex Rhodia, Rhodian Law, after the mercantile Aegean island of Rhodes; the code is no longer extant but has been cited since antiquity. It stipulates that the risks and costs for contingencies are to incurred equally, with no concern of responsibility. Justinian’s code summarizes it:
“It is provided by the Rhodian Law that where merchandise is thrown overboard for the purpose of lightening a ship, what has been lost for the benefit of all must be made up by the contribution of all.”
And the same mechanism for risk-sharing took place with caravans along desert routes. If merchandise was stolen or lost, all merchants had to split the costs, not just its owner."
Não conhecia esta Lei de Rhodes... sinto que o Tribunal Constitucional em Portugal não a aprovaria por ir contra direitos adquiridos.

Trecho retirado de "Why Each One Should Eat His Own Turtles (Revised)"

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