Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread ais523
On Tue, 2008-08-12 at 14:39 -0400, comex wrote:
> On Tue, Aug 12, 2008 at 2:31 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
> > No, the conflict is directly between R3.1 and R101.  The conflict resolution
> > is *defined* by R1482 as favoring R3.1.  This works fine, just as having a
> > simple definition of a term in a lower powered rule works to modify the 
> > action
> > between two high-powered rules in other cases.  (In other words, there's no
> > inherent conflict between R101 and R1482 to consider).
> 
> If R101 says that R101 takes precedence over R3.1, and R1482 says that
> R3.1 takes precedence over R101, that is a conflict, and R101 wins.
> 
> Whether R101 does indeed claim to take precedence is debatable.

One problem is that R101 takes precedence over the rule defining
precedence; the rule defining precedence says so! This is almost a
paradox in its own right...
-- 
ais523


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Kerim Aydin


On Tue, 12 Aug 2008, Geoffrey Spear wrote:
> On Tue, Aug 12, 2008 at 2:17 PM, Charles Reiss <[EMAIL PROTECTED]> wrote:
>> But, seriously, it would really be against the oldest of all game
>> custom if we couldn't make arbitrary changes to the ruleset somehow.
>
> Not to mention being in direct conflict with the central premise of
> The Paradox of Self-Amendment.

Oh, not that bad.  Other simple solution:  Amending the R101 preamble to 
remove the langauge of "no interpretation of law may abridge..." into a
statement of general precedence does not *in itself* abridge any particular 
right.

Once that's gone, R101 rights can *then* be removed, abridged, whatever.
Doesn't even need Power 3.1, just two successive power 3 modifications.

-Goethe





Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread comex
On Tue, Aug 12, 2008 at 2:31 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
> No, the conflict is directly between R3.1 and R101.  The conflict resolution
> is *defined* by R1482 as favoring R3.1.  This works fine, just as having a
> simple definition of a term in a lower powered rule works to modify the action
> between two high-powered rules in other cases.  (In other words, there's no
> inherent conflict between R101 and R1482 to consider).

If R101 says that R101 takes precedence over R3.1, and R1482 says that
R3.1 takes precedence over R101, that is a conflict, and R101 wins.

Whether R101 does indeed claim to take precedence is debatable.


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Ben Caplan
On Tuesday 12 August 2008 07:14:59 am Kerim Aydin wrote:
> On Tue, 12 Aug 2008, Elliott Hird wrote:
> > Proposal: Repeal Rule 101!
> > Adoption index: 3.
>
> Word of advice:  If you want this to work, make this power 3.1,
> enact a Rule (power 3.1) that says "Rule 101 CAN be repealed by a
> Proposal of power 3.1".  *Then* repeal Rule 101, then repeal the
> power 3.1 Rule (all in the same proposal).
>
> Otherwise it's trivial to claim that repealing Rule 101 removes
> rights, and R101 has precedence over the current rules governing
> rules repeal.
>
> -Goethe

Okay, how about if we just delete the preamble from R101? We're not 
removing any rights, just the definition of the word "right".


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread ais523
On Tue, 2008-08-12 at 14:28 -0400, Geoffrey Spear wrote:
> On Tue, Aug 12, 2008 at 2:26 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
> > That exact suggestion (abandon and restart) is what led to 4 proposals
> > getting rid of 2/3 of the ruleset, and (incidentally) the new R101.  -G.
> 
> I hit my Panic Button, build a Phoenix Egg, and declare myself to be a
> Revolutionary.
A Phoenix Egg does the exact opposite of what we want, and besides,
they're easy enough to simulate by hand in a non-code-nomic.
-- 
ais523


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Kerim Aydin


On Tue, 12 Aug 2008, comex wrote:
> On Tue, Aug 12, 2008 at 1:24 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
>> In tusho's proposal, the power 3.1 Rule doesn't actually repeal 101 when
>> the rule is created.  It enables the Repealing, but it doesn't do it.
>> So that step doesn't remove, abridge, etc. a right.
>>
>> Once it's in place, it supersedes Rule 101, so it can repeal R101
>> and remove rights even though R101 claims it can't.
>
>
> Let's call the new rule Rule X.
>
> Rule 1482 says Rule X beats Rule 101.
>
> Rule 1482 claims to take precedence over (and prevent the creation
> of!) any rule that would stipulate any other means of determining
> precedence.
>
> But Rule 101 claims to take precedence over Rule 1482, if you agree
> that Rule 1482 would "allow restrictions of a person's rights or
> privileges" (by having Rule X take precedence over Rule 101).
>
> This is a conflict between Rule 1482 and Rule 101, which have the same
> power.  Rule 1030 says Rule 101 wins...

No, the conflict is directly between R3.1 and R101.  The conflict resolution
is *defined* by R1482 as favoring R3.1.  This works fine, just as having a 
simple definition of a term in a lower powered rule works to modify the action 
between two high-powered rules in other cases.  (In other words, there's no
inherent conflict between R101 and R1482 to consider).

-Goethe










Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Geoffrey Spear
On Tue, Aug 12, 2008 at 2:26 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
> That exact suggestion (abandon and restart) is what led to 4 proposals
> getting rid of 2/3 of the ruleset, and (incidentally) the new R101.  -G.

I hit my Panic Button, build a Phoenix Egg, and declare myself to be a
Revolutionary.


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Kerim Aydin


On Tue, 12 Aug 2008, Charles Reiss wrote:
> Just abandon the game, and create a new one (Agora Second Era!)
> copying the game state (lots of simulation of retroactive things) from
> before we dissolved the game, except with R101 missing.

That exact suggestion (abandon and restart) is what led to 4 proposals
getting rid of 2/3 of the ruleset, and (incidentally) the new R101.  -G.





Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Geoffrey Spear
On Tue, Aug 12, 2008 at 2:17 PM, Charles Reiss <[EMAIL PROTECTED]> wrote:
> But, seriously, it would really be against the oldest of all game
> custom if we couldn't make arbitrary changes to the ruleset somehow.

Not to mention being in direct conflict with the central premise of
The Paradox of Self-Amendment.

Can we modify R101 to only claim to take precedence over rules that
*directly* allow restrictions of rights, and not those that could
indirectly allow such restrictions to happen?  I assume that if
comex's argument holds that simply increasing the power of R1482
wouldn't work, since then arguably R101 takes precedence over R105 in
allowing this increase in power, since it could subsequently be used
to remove rights.


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread ais523
On Tue, 2008-08-12 at 12:17 -0600, Charles Reiss wrote:
> But, seriously, it would really be against the oldest of all game
> custom if we couldn't make arbitrary changes to the ruleset somehow.
What came first, rule 101 or the Town Fountain? If the Town Fountain
came first then it's always had precedence over rule 101, so we could
try to scam it somehow
-- 
ais523


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Charles Reiss
On Tue, Aug 12, 2008 at 12:08, comex <[EMAIL PROTECTED]> wrote:
> On Tue, Aug 12, 2008 at 1:24 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
>> In tusho's proposal, the power 3.1 Rule doesn't actually repeal 101 when
>> the rule is created.  It enables the Repealing, but it doesn't do it.
>> So that step doesn't remove, abridge, etc. a right.
>>
>> Once it's in place, it supersedes Rule 101, so it can repeal R101
>> and remove rights even though R101 claims it can't.
>
>
> Let's call the new rule Rule X.
>
> Rule 1482 says Rule X beats Rule 101.
>
> Rule 1482 claims to take precedence over (and prevent the creation
> of!) any rule that would stipulate any other means of determining
> precedence.
>
> But Rule 101 claims to take precedence over Rule 1482, if you agree
> that Rule 1482 would "allow restrictions of a person's rights or
> privileges" (by having Rule X take precedence over Rule 101).
>
> This is a conflict between Rule 1482 and Rule 101, which have the same
> power.  Rule 1030 says Rule 101 wins...
>
> Just thinking out loud.
>

A modest proposal:

Just abandon the game, and create a new one (Agora Second Era!)
copying the game state (lots of simulation of retroactive things) from
before we dissolved the game, except with R101 missing.

But, seriously, it would really be against the oldest of all game
custom if we couldn't make arbitrary changes to the ruleset somehow.

-woggle


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread comex
On Tue, Aug 12, 2008 at 1:24 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote:
> In tusho's proposal, the power 3.1 Rule doesn't actually repeal 101 when
> the rule is created.  It enables the Repealing, but it doesn't do it.
> So that step doesn't remove, abridge, etc. a right.
>
> Once it's in place, it supersedes Rule 101, so it can repeal R101
> and remove rights even though R101 claims it can't.


Let's call the new rule Rule X.

Rule 1482 says Rule X beats Rule 101.

Rule 1482 claims to take precedence over (and prevent the creation
of!) any rule that would stipulate any other means of determining
precedence.

But Rule 101 claims to take precedence over Rule 1482, if you agree
that Rule 1482 would "allow restrictions of a person's rights or
privileges" (by having Rule X take precedence over Rule 101).

This is a conflict between Rule 1482 and Rule 101, which have the same
power.  Rule 1030 says Rule 101 wins...

Just thinking out loud.


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Kerim Aydin

On Tue, 12 Aug 2008, Ben Caplan wrote:
> On Tuesday 12 August 2008 11:50:46 am you wrote:
>> On Tuesday 12 August 2008 08:54:45 am Elliott Hird wrote:
>>> Repeal rule 101.
>>
>> I come off hold, as I want to be able to vote against this.
>>
>> Pavitra
>
> In particular, I think we should keep rights ii, iii, and viii, and
> probably also v, vii, and maybe vi.

None of the rights in R101 were added when this version of R101 was written, 
they were just pulled together from different parts of the Rules and
called "rights".  iv was a direct result of Mousetrap (biggest scam EVAR!!) 
and has come up many times prior to the "rights" form (e.g. CFJs 1289-1290).

An old version:
  No Player shall ever be made part of the Jurisdiction of the SLC
  [Subordinate Legal Code; eg contract text] of any Organization 
  without eir consent.   No Player shall ever be made part of the 
  Jurisdiction of the SLC of any Organization without eir consent. 

If equity judgements are no longer agreements in their own right, there's 
no problem I can see with iv.

-Goethe





Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Kerim Aydin

On Tue, 12 Aug 2008, ais523 wrote:
> I think R101 is here to stay; it's also possible to claim that any
> change to the ruleset that makes it possible to repeal rule 101 is an
> indirect method of removing rights. (If there's a rule that allows
> repealing rule 101, that rule itself is removing rights, so by rule 101
> it cannot have been created in the first place). Does the Town Fountain
> predate rule 101? If it does, we might have a chance...

No, we just use minor cleverness.

In tusho's proposal, the power 3.1 Rule doesn't actually repeal 101 when
the rule is created.  It enables the Repealing, but it doesn't do it.
So that step doesn't remove, abridge, etc. a right.

Once it's in place, it supersedes Rule 101, so it can repeal R101
and remove rights even though R101 claims it can't.

-Goethe




Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Kerim Aydin

On Tue, 12 Aug 2008, Charles Reiss wrote:
> Anyways, the real broken things about R101 are:
> (a) that it was devised under the idea that the rules would be
> adjudicated as an agreement (making the R101 right regarding
> amendments to agreements apply to proposals), but for a long while,
> the rules have lacked essential features that would make that
> possible. The rules do not call themselves an agreement. The rules
> purport that agreements only bind their parties but themselves purport
> to bind people who have not necessarily followed an R101-adequate
> procedure for binding themselves to the rules. The rules adjudicate
> their own disputes using the criminal courts rather than the mechanism
> they reserve for agreements.

Actually, the original version put into place in the Great Repeals
did call the Rules a contract, and limited agreements to Players, so
the "act of becoming a Player" was identical to the "act of agreeing
to the Rules contract" and identical to the "act of being subject to
any part of the Rules including the rules dealing with contract
adjudication."  For some reason it was later thought desirable to allow 
non-players to be part of it all through partnerships, which I never 
quite understood.

> Now, the response to proposals that would formally make the rules an
> agreement has not been great, though the proposals have, to me, seemed
> flawed in how they deal with reconcile the R101 explicit consent right
> with allowing influence over the game state -- a tricky problem
> indeed. (We should make it so non-parties to the rules can't influence
> the game state except in special circumstances. And, if we want to
> maintain the status quo, we should make it so either clear (in R101)
> that intent to influence the game or clear intent to register
> constitute R101-consent to become party to the rules.)

I think trying to make the Rules back into a contract is pretty dead.

> and (b) that the equity case rule purports the make new agreements
> which is problematic under R101 explicit-consent rules. The real
> problem here, I think, is that we have trouble distinguishing what
> constitutes part of an R101 agreement (which we should consider
> possibly different from what an agreement might be in lower-power
> rules[*]). 

> The fix for this? I liked the amendment form of equity, but that
> proposal seemed unpopular for bookkeeping purposes. An
> explicit-consent exception for agreements reasonably anticipated from
> prior agreements or similar might make sense. Maybe?

The Rules aren't a contract and can still impose obligations.  Why
not just say that an equity settlement is a "set of SHALL or SHALL NOT
obligations" without calling them an agreement.  Further, for non-players
or enforcement, just say "the Judge can act on the parties' behalf if
the party doesn't do it emself."

-Goethe






Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Ben Caplan
On Tuesday 12 August 2008 11:50:46 am you wrote:
> On Tuesday 12 August 2008 08:54:45 am Elliott Hird wrote:
> > Repeal rule 101.
>
> I come off hold, as I want to be able to vote against this.
>
> Pavitra

In particular, I think we should keep rights ii, iii, and viii, and 
probably also v, vii, and maybe vi.


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Ben Caplan
On Tuesday 12 August 2008 11:19:26 am ais523 wrote:
> I think R101 is here to stay; it's also possible to claim that any
> change to the ruleset that makes it possible to repeal rule 101 is
> an indirect method of removing rights. (If there's a rule that
> allows repealing rule 101, that rule itself is removing rights, so
> by rule 101 it cannot have been created in the first place). Does
> the Town Fountain predate rule 101? If it does, we might have a
> chance...

No, merely creating the possibility of removing rights does not in 
itself constitute such a removal. For similar reasons, it is possible 
to repeal R1698 without contradicting R1698.


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread ais523
On Tue, 2008-08-12 at 05:14 -0700, Kerim Aydin wrote:
> On Tue, 12 Aug 2008, Elliott Hird wrote:
> > Proposal: Repeal Rule 101!
> > Adoption index: 3.
> 
> Word of advice:  If you want this to work, make this power 3.1, enact a 
> Rule (power 3.1) that says "Rule 101 CAN be repealed by a Proposal of 
> power 3.1".  *Then* repeal Rule 101, then repeal the power 3.1 Rule 
> (all in the same proposal).  
> 
> Otherwise it's trivial to claim that repealing Rule 101 removes rights,
> and R101 has precedence over the current rules governing rules repeal.
> 
> -Goethe
I think R101 is here to stay; it's also possible to claim that any
change to the ruleset that makes it possible to repeal rule 101 is an
indirect method of removing rights. (If there's a rule that allows
repealing rule 101, that rule itself is removing rights, so by rule 101
it cannot have been created in the first place). Does the Town Fountain
predate rule 101? If it does, we might have a chance...
-- 
ais523


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Charles Reiss
On Tue, Aug 12, 2008 at 10:07, comex <[EMAIL PROTECTED]> wrote:
> On Tue, Aug 12, 2008 at 11:59 AM, Charles Reiss <[EMAIL PROTECTED]> wrote:
>> [*] Lower-power rules notion of agreement is largely influenced by the
>> properties they ascribe to contracts, but if we let these characterize
>> agreements entirely from R101 purposes, this suggests an obvious
>> end-run around the R101 agreement rights.
>
> Hmm... never thought of that.
>
> On the other hand, in the case of equations, R101 using the definition
> from the lower-power rules would enhance, not limit, the R101
> agreement rights: in fact, using a more vague definition of agreement
> would, IMO, limit them.  And no interpretation of Agoran law may
> abridge, reduce, limit, or remove a person's defined rights...

I think you're probably right about R101 and equity, though the ease
with which the effect of such an agreement could be simulated by a
rule of that power (see that recent proposal) allows a reasonable
different interpretation. Or, alternately, the real problem is that
R101 is protecting the wrong rights: the issue isn't agreements one
doesn't consent to, but duties for which you are unfairly singled out
(not on the basis of some reasonable property, like having violated a
promise/rule/etc., or having genuinely agreed to do something for
someone).

- woggle


Re: DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread comex
On Tue, Aug 12, 2008 at 11:59 AM, Charles Reiss <[EMAIL PROTECTED]> wrote:
> [*] Lower-power rules notion of agreement is largely influenced by the
> properties they ascribe to contracts, but if we let these characterize
> agreements entirely from R101 purposes, this suggests an obvious
> end-run around the R101 agreement rights.

Hmm... never thought of that.

On the other hand, in the case of equations, R101 using the definition
from the lower-power rules would enhance, not limit, the R101
agreement rights: in fact, using a more vague definition of agreement
would, IMO, limit them.  And no interpretation of Agoran law may
abridge, reduce, limit, or remove a person's defined rights...


DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Charles Reiss
On Tue, Aug 12, 2008 at 04:39, Elliott Hird
<[EMAIL PROTECTED]> wrote:
> Proposal: Repeal Rule 101!
> Adoption index: 3.
> Interest index: 1.
>
> [Before we start, let me please justify this.
>
> Rule 101 is broken.
>
> Firstly, we are on a game played via computers. Really, we have no
> inherent rights at all. (I'm aware of the "society" view. I personally think
> it's silly, but I can understand it. Even so, let's continue.)

>
> Additionally, there isn't really that much reason to stop some of the
> "rights" there being abridged - e.g. (iii), (vii). ALREADY TRIED is already
> in the CFJ system, so it's kind of duplication (and any non-ALREADY
> TRIED judgement for something already tried will probably be appealed
> anyway.)
ALREADY TRIED and CFJs themselves are in a Power 1.7 rule, which is
deliberately much easier to scam. R101(iii) combined with R1698 is a
kind-of weak version of B Nomic's emergency: using a Power higher than
is likely to be touched by any ordinary scam to guarantee some
essential elements of the game.

> Finally, (vi). The distributor can ban someone from the lists. Yet, precedent
> has it that when an action would "violate" Rule 101 it just doesn't happen.

I think that such precedent only exists for actions which are legal
fictions of the game. For actions the rules can inherently not
regulate, a great argument can be made in a criminal case. And, well,
the big problem with the right to participate in the forum is that no
one really knows what it means. But banning someone from the forum is
probably more clearly a violation of the Power 3 R478, regardless.

> Therefore, the person would be banned and unable to participate in the
> fora, and yet (vi) says that no, that's impossible, they CAN participate in
> them. It makes no sense.]

So, more importantly, you are ignoring one of the most important R101
rights, the right not to be considered bound by an agreement or
amendment to an agreement one has not had an adequate opportunity to
review -- a right which my understanding was enacted in response to
one of the most divisive scams in Agoran history.

And if you want to reflect that it is just a game in the rules, then
you should preserve some form of R101(viii) as that "right" says it's
really a game: one can stop playing without other penalty. I don't
think that right comes from the society interpretation -- it's more of
a "relax everyone; it's not that important!".

Anyways, the real broken things about R101 are:
(a) that it was devised under the idea that the rules would be
adjudicated as an agreement (making the R101 right regarding
amendments to agreements apply to proposals), but for a long while,
the rules have lacked essential features that would make that
possible. The rules do not call themselves an agreement. The rules
purport that agreements only bind their parties but themselves purport
to bind people who have not necessarily followed an R101-adequate
procedure for binding themselves to the rules. The rules adjudicate
their own disputes using the criminal courts rather than the mechanism
they reserve for agreements.

Now, the response to proposals that would formally make the rules an
agreement has not been great, though the proposals have, to me, seemed
flawed in how they deal with reconcile the R101 explicit consent right
with allowing influence over the game state -- a tricky problem
indeed. (We should make it so non-parties to the rules can't influence
the game state except in special circumstances. And, if we want to
maintain the status quo, we should make it so either clear (in R101)
that intent to influence the game or clear intent to register
constitute R101-consent to become party to the rules.)

and (b) that the equity case rule purports the make new agreements
which is problematic under R101 explicit-consent rules. The real
problem here, I think, is that we have trouble distinguishing what
constitutes part of an R101 agreement (which we should consider
possibly different from what an agreement might be in lower-power
rules[*]). If we consider it characterized primarily by the set of
obligations carried, then a good equity judgment is easily considered
a minor amendment of the original agreement. If it's primarily
characterized by severability, then most equity judgments would be
separate agreements (since their sets of parties would be
independently managed). If it's primarily characterized by the
purported act of agreement which caused it to become binding, then
equity judgments are the same agreement because they are necessarily
agreed to be agreeing to a contract governed by the rules. [This
latter interpretation has serious issues with explicitness, though.]

The fix for this? I liked the amendment form of equity, but that
proposal seemed unpopular for bookkeeping purposes. An
explicit-consent exception for agreements reasonably anticipated from
prior agreements or similar might make sense. Maybe?

[*] Lower-power rules notion of agreement is largely infl

DIS: Re: BUS: Proposal: Repeal Rule 101!

2008-08-12 Thread Kerim Aydin

On Tue, 12 Aug 2008, Elliott Hird wrote:
> Proposal: Repeal Rule 101!
> Adoption index: 3.

Word of advice:  If you want this to work, make this power 3.1, enact a 
Rule (power 3.1) that says "Rule 101 CAN be repealed by a Proposal of 
power 3.1".  *Then* repeal Rule 101, then repeal the power 3.1 Rule 
(all in the same proposal).  

Otherwise it's trivial to claim that repealing Rule 101 removes rights,
and R101 has precedence over the current rules governing rules repeal.

-Goethe