Index ← 1954 CFJ 1955 1956 → text
==============================  CFJ 1955  ==============================

    If Rule 101 gives me the right to perform an action in this game,
    but the Rules do not define a mechanism for performing that action,
    I can perform it by announcement.


Caller:                                 omd

Judge:                                  G.
Judgement:                              FALSE



Called by omd:                          15 May 2008 22:46:54 GMT
Assigned to G.:                         16 May 2008 05:37:28 GMT
Judged FALSE by G.:                     16 May 2008 07:57:33 GMT


Caller's Arguments:

For example, if the Rules are changed so that CFJs are still defined
but there is no way of initiating them, can I invoke R101 (iii.) to
initiate a CFJ by announcement?


Judge G.'s Arguments:

If a right is contained in R101, but there's no CAN in the Rules, can
we infer a CAN?  And can we infer that the CAN is by announcement?  Let's
look right-by-right and see where we get:

        ii. Every player has the right to perform an action which is
            not regulated.

This right includes many things, some of which *can be explicitly defined*
so as not to be performable by announcement.  For example, this currently
gives players the right to whistle in bed, which by definition can't be
"performed by announcement."  (Informing Agora that it was done, by
announcement, isn't the same thing as doing it).  Based on this, FALSE.
Having found a counterexample, I may stop there.  But this is fun--
especially because there is a paradox ahead.  I shall continue.

       iii. Every person has the right to initiate a formal process to
            resolve matters of controversy, in the reasonable
            expectation that the controversy will thereby be resolved.
            Every person has the right to cause formal reconsideration
            of any judicial determination that e should be punished.

In order to initiate a formal process in the absence of another mechanism,
this clause *must* allow a CAN to be inferred.  On its face, there is no
reason to infer that "by announcement" is a necessary pathway.  In fact,
in the old system, R991 read "Any person may request formal resolution of
a dispute pertaining to this Nomic by submitting a Call for Judgement '(CFJ)
to the Clerk of the Courts" and this submission could be done privately.
Still, one thing we can say is that in order to initiate a formal process,
you must submit proof that you did so to *somebody*, and by definition, an
announcement submits it to everybody, so it must include the right person.
For this right, the statement is TRUE.

        iv. Every person has the right to refuse to become party to
            a binding agreement.  The absence of a person's explicit,
            willful consent shall be considered a refusal.

This right itself contains a mechanism that is "not to make an announcement."
Still, one can always make an announcement that refuses something.  TRUE.

         v. Every person has the right to not be considered bound by
            an agreement, or an amendment to an agreement, which e has
            not had the reasonable opportunity to review.

This is a "negative right", in that it limits the abilities of others
(and the law) to consider you bound to something.  N/A.

        vi. Every player has the right of participation in the fora.

To participate in a forum is to send messages to it.  Discussion fora
are part of the system.  By definition, you can't participate in a
discussion forum by announcement.  FALSE.  Though again by definition,
you can always send a message to the public fora by announcement (I
can't decide: is this trivial or impossibly recursive?)

       vii. Every person has the right to not be penalized more than
            once for any single action or inaction.

Another negative right.  This is a right that prevents others from doing
things to you, not a right to act yourself.  N/A.

      viii. Every player has the right to deregister rather than
            continue to play.

Following the model for (iii), we must infer a CAN here.  That act of
will, most reasonably, would include informing a recordkeepor for
registration that you are taking your toys and going home.  This can be
done by announcement.  TRUE.

RESULT:  Of seven rights, two are not rights to perform an action (v and
vii), three (iii, iv, and viii), *do* guarantee that the ability to perform
the task by announcement, for one (ii) actions that are part of that right
may be trivially defined so that it is impossible to perform the task by
announcement, and for one (ironically, vi) it is not possible, and possibly
paradoxical, by definition.

Overall, then, there is no *general* rule that an action that is guaranteed
by virtue of a right may be performed by announcement.

Because I can, by announcement, I find this CFJ FALSE.