Doig, Gavin on 15 Jan 2002 13:26:08 -0000

[Date Prev] [Date Next] [Thread Prev] [Thread Next] [Date Index] [Thread Index]

RE: spoon-discuss: RE: spoon-business: Proposal: No Kickbacks (Ju stice, Administered Piecemeal)

> >If the CFJ system allows us to call for effects of any kind, then this 
> >won't work. It's therefore probably a bad idea to put this in, as it
> >give us an illusion of security, and encourage us to allow CFJs to change

> >things. Which is a Bad Thing.
> Is it???  What happens if someone takes an action which is illegal?  Even 
> if someone makes a CFJ, if the CFJ cannot change anything, and the person 
> has gotten away scot-free with their illegality!
Well... no. If someone *attempts* to take an action which is illegal, it
doesn't work (although more on this later). A CFJ doesn't need to *change*
anything to prevent it from happening, because it never happened in the
first place; a CFJ just establishes whether it was legal or not. Of course,
if someone takes an action that's illegal, and no one notices, then the
statute of limitations kicks in after a week, and it *becomes* legal.

I don't think the statute of limitations works that well the way it's
currently written, but that's another story.

> Well, the other option is that 
> we make a penalty for players who disobey the law.
In most cases, it's impossible to disobey the law; nomic laws aren't like
legal laws, they're more akin to physical laws (although they have a
strictly limited domain, as I'll argue in a CFJ I'm currently writing).
Similarly, CFJs aren't like the adversarial system of criminal justice;
they're more like an inquest, which attempts to determine what happened (or
some better example).


This message is intended only for the use of the person(s) ("the intended
recipients(s)") to whom it is addressed. It may contain information which is
privileged, proprietary and/or confidential within the meaning of applicable
law. If you are not the intended recipient, be advised that you have
received this email in error and that any use, dissemination, forwarding,
printing or copying of this message (including any attachments) is strictly
prohibited.  If you have received this message in error, please contact the
sender of this message as soon as possible. 

The views or opinions expressed in this message are those of the author and
may not necessarily be the views held by Azurgroup Limited