On Sun, Jan 31, 2021 at 5:04 PM Gaelan Steele via agora-discussion <agora-discussion@agoranomic.org> wrote: > > > > > On Jan 22, 2021, at 12:53 PM, Kerim Aydin via agora-official > > <agora-offic...@agoranomic.org> wrote: > > > > The below CFJ is 3893. I assign it to Gaelan. > > > > status: https://faculty.washington.edu/kerim/nomic/cases/#3893 > > > > =============================== CFJ 3893 =============================== > > > > There exists exactly one rule with the number 2633. > > > > ========================================================================== > > > > Caller: Jason > > > > Judge: Gaelan > > > > ========================================================================== > > > > History: > > > > Called by Jason: 18 Jan 2021 17:22:34 > > Assigned to Gaelan: [now] > > > > ========================================================================== > > > > Caller's Arguments: > > > > Assigning a rule number appears to be a regulated action, as its > > performance is "limited" by Rules 2141 and 2140 (since Rule numbers are > > explicitly made substantive aspects of Rules, and Rules are > > instruments). No Rule provides an explicit mechanism by which to set the > > number of a Rule. Therefore, under Rule 2125, there is no mechanism to > > assign rule numbers to rules (except by proposal most likely). Even if a > > mechanism such as by annoucement were to be inferred, the standard for > > by announcement has not been met, as the Rulekeepor has never announced > > that e is assigning, e has only published rulesets with the numbers > > labeled. > > > > > > Caller's Evidence: > > > > Rule 2141/14 (Power=3.1) > > Role and Attributes of Rules > > > > A rule is an enduring statute. Every rule has a power between 0.1 > > and 4.0, inclusive. Rules to the contrary notwithstanding, it is > > IMPOSSIBLE to enact a rule with power outside this range, or to > > change the power of an existing rule to a nonzero value outside > > this range. The set of all currently-existing rules is called the > > ruleset. > > Every rule shall have an ID number, distinct among current and > > former rules, to be assigned once by the Rulekeepor. > > Every rule shall have a title to aid in identification. If a rule > > ever does not have a title, then the Rulekeepor CAN and SHALL > > assign a title to it by announcement in a timely fashion. > > For the purposes of rules governing modification of instruments, > > the text, power, ID number, and title of a rule are all > > substantive aspects of the rule. However, rules to the contrary > > notwithstanding, the Rulekeepor CAN set rule aspects as described > > elsewhere in this rule. > > > > > > Rule 2140/4 (Power=3) > > Power Controls Mutability > > > > Rules to the contrary notwithstanding, no entity with power below > > the power of this rule can > > 1. cause an entity to have power greater than its own. > > 2. adjust the power of a statute with power greater than its own. > > 3. set or modify any other substantive aspect of an instrument > > with power greater than its own except as otherwise provided > > in this rule. A "substantive" aspect of a statute is any > > aspect that affects the statute's operation. > > An ephemeral instrument is bound by prohibitions and limitations > > specified in rules of lower power, unless it explicitly overrides > > those prohibition(s) as provided for in other rules. > > > > > > Rule 2125/12 (Power=3) > > Regulated Actions > > > > An action is regulated by a body of law if (1) its performance is > > limited, allowed, enabled, or permitted by that body of law; (2) > > that body of law describes the circumstances under which it would > > succeed or fail; or (3) it would, as part of its effect, modify > > information for which some person bound by that body of law is > > required, by that body of law, to be a recordkeepor. > > If a body of law regulates an action, then to the extent that > > doing so is within its scope, that body of law prevents the action > > from being performed except as described within it, including by > > limiting the methods to perform that action to those specified > > within it. A body of law does not proscribe any action which it > > does not regulate. > > > > ========================================================================== > > Bah, I'm overdue on this. > > I'll try to get to it in a few days, but in the meantime I'll put some > thoughts and initial research down so I can get feedback: > > This appears to last have been litigated in CFJ 2981: > https://faculty.washington.edu/kerim/nomic/cases/?2981 > <https://faculty.washington.edu/kerim/nomic/cases/?2981>. > > It was judged TRUE (i.e. rule numbers work) on a loophole in the working. A > follow-up proposal (P6992 by Murphy and omd, reproduced below) removed that > loophole and attempted to make rule numbers work without it. The relevant > parts of rule 2141 (now /14) haven't changed since. > > So legislative intent is very explicitly for this to work. Presumably, the > authors expected this to work as follows (quoting from 2141/14): > > - "However, rules to the contrary notwithstanding, the Rulekeepor CAN set > rule aspects as described elsewhere in this rule." > - "Every rule shall have an ID number, distinct among current and former > rules, to be assigned once by the Rulekeepor." > - Therefore, the Rulekeepor CAN "assign" ID numbers to rules. > > The question, then, is whether this sufficiently specifies a method for > setting the ID number. I'm tempted to argue that "assign" is a sufficient > method, and that the rulekeepor assigns the ID numbers when e publishes a > ruleset containing them. But that's admittedly somewhat shaky. > > Also, it's worth considering the consequences of this being false: > - Some last-resort precedence stuff might not have worked > - And proposals that amend or repeal rules solely based on ID number might > not work. (But they still could work, because the fact that there is only one > rule purported to have an ID number makes it clear what rule the proposal > refers to, even if the number technically hasn't been assigned, so there is > no real ambiguity.) > > Regardless of my ruling, it wouldn't hurt to pass a proposal saying "give > each rule the ID number given to it in the last SLR", and clean up the > wording to make this clearly work.
Assign, yes, but how? Assign by publishing a ruleset? Assign by announcement? Assign by informing the Librarian of Congress? Assign is an action, not a method. -Aris
