[pct-l] Flotsam and Jetsam
David Ellzey
david at xpletive.com
Mon Apr 12 20:23:43 CDT 2010
I sorta agree with this philosophy although I think those examples of jetsam would be considered garbage if left on the trail and although technically "jetsam" they are not really relevant to this discussion.
Although I may get some of the detail wrong, this is an interesting case to discuss:
Last year a hiker was coming down the infamous Snow Creek decent in sandals with their boots somehow attached to the back of their pack. Somehow during a break they accidentally dropped them down a steep embankment. Being tired and uncomfortable with the risk involved that would be required to retrieve them, he reluctantly left them and made plans to get new footwear in the days ahead.
Much later, another hiker coming down the decent notices the boots and scrambles down to check them out. They happened to be a perfect fit and better than the footwear he has on. So after reaching the water fountain, he leaves his old footwear there hanging in plain sight for someone else. I'm not sure if he left a sign indicating they were free for the taking or not.
Anyway, by the time everyone got to Big Bear City the story circulated and the original owner realized that the other guy had his boots. In each hiker's mind, they had a rightful claim to the item.
The original owner consider them "lost" and wanted them returned. The finder considered them "abandoned" and said that he also wouldn't have carried such a heavy item so far anyhow but left them at the fountain at best.
So, where does everyone's feelings fall in this peculiar case?
BigToe
-----Original Message-----
From: pct-l-bounces at backcountry.net [mailto:pct-l-bounces at backcountry.net] On Behalf Of abiegen at cox.net
Sent: Monday, April 12, 2010 3:23 PM
To: pct-l at backcountry.net
Subject: [pct-l] Flotsam and Jetsam
Marine law has a number of ways of helping people deal with wrecks, flotsam, jetsam, etc. that can be found in the sea. Jetsam refers to materials that are purposefully thrown over board (jettisoned) . Flotsam refers to materials that float off a ship without having been thrown in deliberately. A shipwreck usually results in Flotsam and not jetsam. Generally speaking, jetsam is the property of the finder, while flotsam remains the property of its original owner.
I can only assume that these laws arose after centuries or millennium of the principals of "finder's keeps" failing to reduce the chaos in society.
I would think that it would be fairly easy to discern those items found on the trail that are flotsam (packs, poles, cameras, etc.) and those that are jetsam (corn spaghetti, clif bars, giardia encrusted undergarments, etc.).
Can we all agree that the trail flotsam still belongs to the original owner until proven otherwise? It would lift the trail community at least up to the level of the first maritime laws of the 1400's.
TrailHacker
"When my feet hurt, I can't think" - Abraham Lincoln
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