Actually, Arbitor willing, you could pass this problem to me if you'd like.
Because atm, I don't fear the SHOULDN'Ts and whatnot and I'll barge through
crimes in order to give a Judgement that I feel is right.

On Saturday, May 13, 2023, ais523 via agora-business <
agora-busin...@agoranomic.org> wrote:

> On Mon, 2023-05-08 at 09:54 -0700, Kerim Aydin via agora-official wrote:
> > The below CFJ is 4026.  I assign it to ais523.
> >
> > status: https://faculty.washington.edu/kerim/nomic/cases/#4026
> >
> > ===============================  CFJ 4026
> ===============================
> >
> >       In Rule 2125, the phrase 'The Rules SHALL NOT be interpreted so as
> >       to proscribe unregulated actions' proscribes unregulated actions.
> >
> > ============================================================
> ==============
>
> Here's an excerpt from a proposal (8867) that was adopted recently:
>
> > [
> > The goal of this is to expand on our banning system and implement some
> > clearly defined values into the rules of Agora. This comprises two main
> > changes.
> >
> > The first removes the "free speech" clause from R478 and replaces it
> > with a bill of expectations that largely seek to maximize participation
> > while recognizing ways in which that might reasonably be abridged.
> >
> [snip]
> >
> > Amend R478 by deleting the following text:
> >
> >         Freedom of speech being essential for the healthy functioning of
> >         any non-Imperial nomic, it is hereby resolved that no Player
> shall
> >         be prohibited from participating in the Fora
> [snip]
>
> The resulting rule change broke a long-standing protection that
> prevented the rules accidentally making it ILLEGAL to participate in
> gameplay generally (see CFJ 1738). This has a chilling effect on
> various forms of participation in Agora as a whole: this CFJ is asking
> me to interpret the rules, but if I discover that the statement of the
> CFJ is TRUE, that in turn means that I SHALL NOT give that verdict.
> Additionally, I can't even work out whether the statement of the CFJ is
> true or not without attempting to interpret the rules, something which
> might turn out to be illegal (and for which I can't know, before
> attempting it, whether it's illegal or not).
>
> Normally, when judging a CFJ whose statement has been posed
> incorrectly, I provide arguments to let people know the truth or
> otherwise of the statement that they probably meant to ask. However,
> with the protections that would normally be provided to me repealed, I
> do not wish to attempt that in this case. Instead, I will simply note
> that the caller has asked the wrong question: this is a question of
> interpretation, and various parts of the ruleset affect the meaning of
> various other parts of the ruleset. It isn't relevant to the game
> whether a hypothetical action might or might not breach a *particular*
> rule if, e.g., the same action is permitted by a different rule.
>
> When trying to judge this CFJ, I got as far as "OK, there's a
> distinction between 'the rules proscribe this action' and 'rule 2125
> proscribes this action' – does that matter here", looked at the other
> rules that might matter, discovered that one of them had had the
> relevant sentence fragment repealed, and realised I was on dangerous
> ground even attempting to understand the rule to the extent that I
> could judge, so I stopped. I did, however, realise that it doesn't
> matter whether or not rule 2125 bans an action if the same action is
> permitted by a rule that outprecedences it (and that there are some
> rules that might, e.g. the last paragraph of rule 217). So the relevant
> question here is whether the *Rules as a whole* are proscribing
> unreglated actions. This is not the question that the caller asked.
>
> I judge CFJ 4026 IRRELEVANT. I note that there's no point in calling a
> corrected CFJ under the current ruleset: rule 591 doesn't actually
> require CFJ judges to give appropriate rulings to judgements, and rule
> 2125 could easily make it illegal to judge a corrected CFJ as TRUE
> (judging a CFJ is a regulated action, thus a prohibition on proscribing
> unregulated actions wouldn't affect that), so if the judge of the
> resulting CFJ wanted to ensure e was following the rules, eir safest
> course of action would be to judge it FALSE without actually attempting
> to interpret the rules in question – and as such, the CFJ verdict would
> not be of any use in resolving the controversy.
>
> We should probably amend rule 2125 to have the wording that was
> probably intended (something along the lines of "the correct
> interpretation of the rules is one that does not proscribe unregulated
> actions") and/or to reinstate a protection against the rules
> accidentally making it illegal to, e.g., honestly judge a CFJ. Then it
> would be possible for judges to attempt to determine what the rule in
> question meant without risking a rules violation in the process.
>
> --
> ais523
> Judge, CFJ 4026
>

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