Doig, Gavin on 8 Jan 2002 17:22:10 -0000

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spoon-discuss: RE: spoon-business: Revision of 236/1 _My Gavel Up Your Ass_

> Part 1 - Designed to specifically prohibit graft, kickbacks, and
> generally dishonest judicial behavior.  A judicial companion to the
> excellent No Kickbacks rule.
"Excellent"? It doesn't even work! No, not even the revised version. If
people putting bribery provisions into their proosals bother you, just do
what I've always done, and vote against them.

And your CFJ version is flawed too (I think - no time to try and break it
right now). An appeal mechanism, coupled with making CFJs in no way have any
kind of force of law, would clear things up.

> Part 2 - Clear up the notion of CFJs having the force of law.  I think
> this strikes a decent balance between the notion that CFJs should have
> some legal potency, and the fact that according them too much potency
> opens up the floodgates for Glotmorf's loophole.  Precedence of rules
> over CFJs is established.
The whole idea of the "force of law" thing is a Bad Idea. I think I've
probably demonstrated that. The usual way (I think based on Suber) of
defining a CFJ  is just to have it guide "game custom", a
deliberately-nebulous term (still defined to some extent). It's a lot less
open to abuse. 

> Part 3 - Establish a process for judicial review, so we can clean up
> CFJs that have been rendered obsolete by developments in the rules, or
> whose context has changed significantly.
All you need is for CFJs just to apply to the game as it was at the time of
the CFJ. It seems crazy to me to think they do otherwise, but you could
always make it explicit. (Although some of overturning CFJs that have you
feel have been poorly judged is a very good idea).


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