The Law according to Lidia Poet is getting a season 2

[Writers Bloque]

It is a decent look at the first woman to practice law in Italy, though a little dry it still is a pretty interesting look into the times. Though I wish they would make a show based on the famous Italian case that set the precedent for self defense during an emergency. I forgot the name of the case, but two men survive a shipwreck, but one man to save his own life pushes the other man away from the piece of debris that can only support one of them. They wanted to charge him with murder, but the court decided that it was legal, as it was in defense of his own life.

I thought PH would enjoy the show, it is on Netflix.

[Pornhubby]

Now that I’m no longer practicing law, I can probably enjoy law television shows more. I used to spend 10 hours at the office, and the last thing I wanted to do was watch a show about law when I got home. Thanks for the recommendation. I will investigate.

[Writers Bloque]

Now that I’m no longer practicing law, I can probably enjoy law television shows more. I used to spend 10 hours at the office, and the last thing I wanted to do was watch a show about law when I got home. Thanks for the recommendation. I will investigate.

Would you happen to know the name of that case that became a world wide case study? It starts with a C, but has Plank in its name.

[Pornhubby]

Would you happen to know the name of that case that became a world wide case study? It starts with a C, but has Plank in its name.

Plank v. Cherneski?

[Writers Bloque]

Would you happen to know the name of that case that became a world wide case study? It starts with a C, but has Plank in its name.

Plank v. Cherneski?

I am not sure, its been called the "Two Men and a Plank" case, but in italy it had a specific name. Basically it says its not murder for one of the men to deny the other use of the plank which would result in his own death. Its been used to argue the state of nature and was really famous long ago. It kind of is the basis for my saying of "Why would I set myself on fire to keep you warm?"

[Pornhubby]

It’s not a modern case. Rather, it is an ancient legal hypothetical involving the law of man versus the law of nature. Francis Bacon, Maxims of the Law, in The Works of Francis Bacon vol. 3, n.12 at 229 (A. Hart 1850). 

This case is also attributed to Cicero, whose version was known as the "Plank of Karneades," or "Plank of Carneades," and it illustrated that two sailors cast adrift on a plank adequate to support one sailor until rescue came could each try to be the survivor without facing criminal liability. See Klaus Bernsmann, Private Self-Defence and Necessity in German Penal Law and in the Penal Law Proposal - Some Remarks, 30 Isr. L. Rev. 171, 184-85 (1996); Cohan, supra n. 8, at 151 n. 129; John Christian Laursen, The Politics of Skepticism in the Ancients, Montaigne, Hume, and Kant 58-59 (Brill Academic Publishers 1992).

The kind of stuff they love to put on bar exams.

[Writers Bloque]

It’s not a modern case. Rather, it is an ancient legal hypothetical involving the law of man versus the law of nature. Francis Bacon, Maxims of the Law, in The Works of Francis Bacon vol. 3, n.12 at 229 (A. Hart 1850). 

This case is also attributed to Cicero, whose version was known as the "Plank of Karneades," or "Plank of Carneades," and it illustrated that two sailors cast adrift on a plank adequate to support one sailor until rescue came could each try to be the survivor without facing criminal liability. See Klaus Bernsmann, Private Self-Defence and Necessity in German Penal Law and in the Penal Law Proposal - Some Remarks, 30 Isr. L. Rev. 171, 184-85 (1996); Cohan, supra n. 8, at 151 n. 129; John Christian Laursen, The Politics of Skepticism in the Ancients, Montaigne, Hume, and Kant 58-59 (Brill Academic Publishers 1992).

They kind of stuff they love to put on bar exams.

THATS IT!!! its eluded me, and google is not my friend. but my question is, how do you see it? I see it as not murder.

[Pornhubby]

Homicide is a general term for the unlawful killing of one person by another, while manslaughter is a specific type of homicide that involves unintentional killing:
 
Homicide
A general term for the unlawful killing of one person by another, including murder, manslaughter, and non-criminal cases like self-defense.
 
Manslaughter
A specific type of homicide that involves the unintentional killing of another person. Manslaughter can be voluntary, meaning it was intentional but not premeditated, or involuntary, meaning it was unintentional due to criminal negligence.
 
Penalties for homicide and manslaughter vary depending on the specific circumstances of the case:
 
Manslaughter
Penalties vary, but usually include prison time. Voluntary manslaughter often carries harsher consequences than involuntary manslaughter.
 
Homicide
Penalties depend on the degree of murder, and can include jail time, fines, and loss of rights. Murder is the most serious form of homicide, and penalties are higher than manslaughter.

I think the “plank in the ocean” is involuntary manslaughter.  I doubt a DA would seek charges under those circumances.

[Writers Bloque]

Homicide is a general term for the unlawful killing of one person by another, while manslaughter is a specific type of homicide that involves unintentional killing:
 
Homicide
A general term for the unlawful killing of one person by another, including murder, manslaughter, and non-criminal cases like self-defense.
 
Manslaughter
A specific type of homicide that involves the unintentional killing of another person. Manslaughter can be voluntary, meaning it was intentional but not premeditated, or involuntary, meaning it was unintentional due to criminal negligence.
 
Penalties for homicide and manslaughter vary depending on the specific circumstances of the case:
 
Manslaughter
Penalties vary, but usually include prison time. Voluntary manslaughter often carries harsher consequences than involuntary manslaughter.
 
Homicide
Penalties depend on the degree of murder, and can include jail time, fines, and loss of rights. Murder is the most serious form of homicide, and penalties are higher than manslaughter.

I think the “plank in the ocean” is involuntary manslaughter.  I doubt a DA would seek charges under those circumances.

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