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Date: Fri, 8 Mar 96 08:56:43 PST
From: jlc@triple-i.com (Jeff Caruso)
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Subject: OFF: Final Judgement of Appeal of CFJ 858:  FALSE
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======================================================================
                 FINAL JUDGEMENT OF APPEAL CFJ 858

    Rule 1482 should be interpreted such that the meaning of a word
    used in a Rule is a part of the Rule's meaning, and therefore
    cannot be changed significantly by Rules of lower precedence.

======================================================================

Board of Appeals:       Decision:
    favor               FALSE
    elJefe              FALSE
    Steve               FALSE

Final Judgement:        FALSE

Original Judge:         Coren
Original Judgement:     TRUE

Caller:                 Zefram
Barred:                 
On Hold:                Blob

Eligible:       Andre, Coren, dcuman, Doug, elJefe, favor, 
                Gecko, Ghost, Greycell, Jtael, Kelly, KoJen, Michael, 
                Morendil, Murphy, Steve, Swann, Vanyel

elJefe, Steve, and favor earn a judicial salary for appeals judgement.
Coren's salary for original judgement is cancelled.

======================================================================

History:
  Called by Zefram, 15 February 1996, 09:43 +0000 (GMT)
  Assigned to Chuck, 15 February 1996, 10:45 MET
  Defaulted by Chuck, 22 February 1996, 10:45 MET
  Assigned to Coren, Wed, 28 Feb 96 06:04:54 PST
  Judged TRUE by Coren, Tue, 5 Mar 1996 10:14:55 -0800 (PST)
  Appealed by Kelly, Tue, 5 Mar 96 13:56:24 EST5
  Appealed by elJefe, Tue, 5 Mar 96 12:33:44 PST
  Appealed by Steve, Wed, 06 Mar 1996 17:24:19 +1100 (EST)
  Assigned to favor as Speaker, Wed, 6 Mar 96 06:43:54 PST
  Assigned to elJefe as CotC, Wed, 6 Mar 96 06:43:54 PST
  Assigned to Steve as Justiciar, Wed, 6 Mar 96 06:43:54 PST
  Judged FALSE by favor, Thu, 7 Mar 96 11:35:22 EST
  Judged FALSE by Steve, Fri, 08 Mar 1996 13:07:30 +1100 (EST)
  Judged FALSE by elJefe, Fri, 8 Mar 96 08:52:32 PST

======================================================================

Requested Injunction:

The Relevant Rules are 1030 and 1482.

I request that the Judge issue an Injunction requiring the Rulekeepor
to annotate the Ruleset with the Statement.

-zefram


======================================================================
Decision of Judge Coren:  TRUE

And Coren saith unto him, "What is meaning?", and is very tempted to wash 
his hands of this mess.  ;)  Instead, he refuses to release Barrabas, 
since there's enough thieves wandering Agora at the moment.  <mwahahah>

This statement is actually composed of two parts, both of which must be 
true for the Statement to be True:

1) "...the meaning of a word used in a Rule is part of the Rule's 
meaning..." and

2) "...[a Rule's meaning] cannot be changed significantly by Rules of
lower precedence." 

Both of these parts are intended to be applied against the Precedence 
Rules, particularly 1482:

----------------------------------------

Rule 1482/0 (Semimutable, MI=3)
Precedence Between Rules with Unequal MI's

      In a conflict between Rules with different Mutability Indices,
      the Rule with the higher Mutability Index takes precedence over
      the Rule with the lower Mutability Index.

History:
Created by Proposal 1603, Jun. 19 1995
Infected, but not Amended by Rule 1454, Dec. 2 1995

----------------------------------------

This Judge will treat each of these two parts of the Statement in turn.

*** PART THE FIRST: ***

"...the meaning of a word used in a Rule is part of the Rule's 
meaning..." 

By far the easier of the two, if rather circular and indirect.  A Rule is 
nowhere defined in the Rules themselves; however, it is self-evident that 
the Rules, individually and as a whole, have a specific meaning expressed 
within the common language of the Game - if they did not, both past and 
future play would be (have been) impossible.

Within the common language of thhe Game (currently English), Rules are 
made up paragraphs, sentences, sentence fragments, and individual words, 
each of which is composed of one or more words, which can be defined as 
the smallest units of language that communicate a meaning.  The meaning of 
each higher level is defined by the interaction of the meanings of the 
words which make it up:  thus, changing the meaning of a word within one 
of those levels (including Rule) changes that meaning, and is part of it.

Therefore, this part of the Statement is trivially True.

*** PART THE SECOND: ***

2) "...[a Rule's meaning] cannot be changed significantly by Rules of
lower precedence."

Slightly more complicated; however:

1) This judge refuses to use R101 as an argument, since it is clear that 
R101 only refers to the Rules as an integral unit.

2) R116 says that changing the Rules is "...permitted only when a Rule or 
set of Rules explicitly or implicitly permits it."  So changing a Rule by 
changing that Rule's meaning must be permitted somewhere else in the Rules.

3) R1497 (Truth in Advertising) prevents a Player from deliberately 
misconstruing the content of a Rule if it results in some sort of 
required message, or in a post to the public forum.  This in most cases 
prevents a Player purposefully changing the meaning of a Rule without 
changing the wording.

4) This means that the only way a Rule can be changed in this way is 
through a Rule Change, controlled by R105, which states the types of Rule 
changes permissable, of which the only one applicable is an Amendment 
Rule Change, and through R1339, which defines Proposed Rule Changes and 
Non-Propoosed Rule Changes.  Either of these can be used to change the 
meaning of a Rule through changing its wording; however, such Rule 
Changes (of either type) are ineffectual and incapable of changing a Rule 
unless they are in a Proposal of an AI/MI equal to that of the Rule in 
question, or derive from such a Proposal or Rule.

This leaves one final potential argument:  that the "inherent meaning" of 
word *within the context of Agora* can be redefined by a low MI Rule, and 
change the meaning of that word everywhere else in the game, including in 
higher MI Rules.  The corolary to point One is that such an attempt 
indeed changes the meaning of the Rule in question, and thus would 
conflict with R116, which prohibits changing a Rule in any way not 
defined by the Ruleset.  This mannner of change could not be the result 
of an non-Rule Entity (which defers to all Rules in matters of 
precedence); the other way to do it would be with a Non-proposed Rule 
Change - which must be of an AI/MI such that its Power is high enough to 
affect the Rule in question, per R1322.

Thus, the second part of the Statement is also TRUE, which leads to the 
conclusion that this entire CFJ must be Judged ***TRUE***.

Note that this in the future could be changed by creating a new type of 
Rule Change explicitly or implicitly allowing this type of change, or by 
mutating a Rule making such a change possible to a higher MI that the 
rule defining permissable Rule Changes (no such Rule currently exists).

Note that it could also be argued that such a change in meaning is 
impermissible under the Rule prohibiting arbitrary changes to Entities, 
since a cursory overview of the Rules in question leads me to believe 
that Rules are indeed Nomic Entities.

The text of the applicable Rules are listed below.

Judge Coren

----------------------------------------
----------------------------------------

Rule 116/0 (Semimutable, MI=3)
Permissibility of the Unprohibited

      Whatever is not prohibited or regulated by a Rule is permitted
      and unregulated, with the sole exception of changing the Rules,
      which is permitted only when a Rule or set of Rules explicitly
      or implicitly permits it.

History:
Initial Immutable Rule 116, Jun. 30 1993
Mutated from MI=Unanimity to MI=3 by Proposal 1483, Mar. 15 1995

----------------------------------------

Rule 1497/2 (Mutable, MI=1)
Truth in Advertising

      No Player shall present, as correct, information which e
      believes to be incorrect in any of the following:
        -a post to the Public Forum
        -evidence in a COE, CFJ, or Judgement
        -a response to a request for information which the
         Player is required to provide.

      This Rule defers to all other Rules which do not contain this
      sentence.

      A Player who violates this Rule commits a Class B Crime.

[CFJ 827: If it is not clear that information is *not* presented
 as correct, it is.  Attempting an illegal move can, if the Player
 reports the move and knows it to be illegal, be a violation of this
 Rule.]

History:
Created by Proposal 1667, Aug. 18 1995
Infected and Amended(1) by Rule 1454, Dec. 10 1995
Amended(2) by Proposal 2043, Dec. 11 1995

----------------------------------------

Rule 105/0 (Semimutable, MI=3)
What Is a Rule Change?

      A Rule Change is any of the following:
        1) the enactment of a new Rule (a "Creation"). ;
        2) the amendment of an existing Rule (an "Amendment");
        3) the repeal of an existing Rule (a "Repeal");
        4) the modification of an existing Rule's Mutability Index (a
           "Mutation").

      Additional Rule Changes may be created by appropriate
      legislation.  No Rule Change may directly change any part of the
      Game State other than the Rules.  No Rule may be changed except
      by the means of a Rule Change of a type specified in the Rules.

[CFJ 708: An Amendment of a non-existing Rule is not a legal Rule
 Change.]

History:
Initial Immutable Rule 105, Jun. 30 1993
Mutated from MI=Unanimity to MI=3 by Proposal 1072, Oct. 4 1994
Amended by Proposal 1275, Oct. 24 1994
Renumbered from 1072 to 105 by Rule 1295, Nov. 1 1994

----------------------------------------

Rule 1339/3 (Semimutable, MI=3)
Rule Changes

      There are two types of Rule Change. A Proposed Rule Change is a
      Rule Change which appears in a Proposal, and which, insofar as
      the Rules permit it to take effect, has the effect of Creating,
      Amending, Mutating, Repealing or otherwise changing a Rule as
      defined elsewhere in the Rules, directly as a result of the
      passage of a Proposal. A non-Proposed Rule Change has the same
      effect as a Proposed Rule Change, but insofar as the Rules
      permit it to take effect, it does so not as the direct result
      of the passage of a Proposal, but rather, indirectly, as the
      result of the effect or action of a Rule.

      All Rule Changes, of either type, are subject to the following
      constraints:

      An individual Rule Change must change exactly one Rule.

      Any Rule Change which affects an existing Rule must clearly
      identify the Number of the Rule to be affected.

      Any Rule Change which creates a New Rule may specify the
      Mutability Index of the New Rule; however, if the Mutability
      Index is specified it must be greater than or equal to 1.  If
      the Mutability Index of any Rule created by a Rule Change is not
      specified, it shall be 1.

      Any Rule Change which creates a New Rule may specify the
      Category to which the New Rule will be assigned.  If the
      Category specified exists, the Rule shall be assigned to that
      Category.  If the Category specified does not exist, or no
      Category is specified, the Rulekeepor shall assign the Rule to
      an appropriate category of eir own choice.

      Any Rule Change which changes the Mutability Index of a Rule
      must clearly specify the new value of the Rule's Mutability
      Index.

      Any Rule Change which changes the text of a Rule must clearly
      and unambiguously specify the changes which are to be made. If
      the Rule Change quotes old text which is to be replaced with new
      text, then the quoted old text must match exactly with actual
      text in the Rule, with the exception of whitespace and
      capitalization. This takes precedence over Rules which would
      permit such differences, even if the differences would be
      considered inconsequential by such Rules.

      Any Rule Change which does not meet these criteria shall not
      have any legal force.

[CFJ 822: Any Change to the Rules in a way other than the two methods
described here is illegal.]

History:
Created by Proposal 1339, Nov. 29 1994
Amended(1) by Proposal 1414, Feb. 1 1995
Amended(2) by Proposal 1440, Feb. 21 1995
Mutated from MI=1 to MI=3 by Proposal 1532, Mar. 24 1995
Amended(3) by Proposal 1754, Oct. 21 1995

----------------------------------------
 
Rule 1322/2 (Semimutable, MI=3)
Effectiveness of Rule Changes
 
      Every Rule Change shall have associated with it an Index, called
      its Power, which determines its ability to take effect.
 
      The Power of a non-Proposed Rule Change shall be the Mutability
      Index of the Rule in which the Rule Change is contained.
 
      The Power of a Proposed Rule Change shall be the Adoption Index
      of the Proposal in which the Rule Change is contained.
 
      No Rule Change may take effect unless its Power is not less than
      the current Mutation Index of the Rule it seeks to change, if
      any, and the Mutation Index that the Rule would possess after
      the change, if any.
 
History:
Created by Proposal 1322, Nov. 21 1994
Infected and Amended(1) by Rule 1454, Dec. 5 1995
Amended(2) by Proposal 2398, Jan. 20 1996
Mutated from MI=1 to MI=3 by Proposal 2398, Jan. 20 1996
 
----------------------------------------
----------------------------------------

[...] 
> ======================================================================
> 
> Requested Injunction:
> 
> The Relevant Rules are 1030 and 1482.
> 
> I request that the Judge issue an Injunction requiring the Rulekeepor
> to annotate the Ruleset with the Statement.
> 
> -zefram

The Rulekeepor is so Injuncted.

Judge Coren



======================================================================
Decision of Justice favor:  FALSE

This is a difficult one, touching on an important issue that I
think has not been heavily treated by previous Courts.  The
question at issue is exactly what constitutes a conflict
between two Rules for the purposes of Rule 1482.  It seems
clear to me that if a low-MI Rule attempts to change the meaning
of a word or words in a higher-MI Rule, and that attempt constitutes
a conflict, then the attempt fails per 1482.  It also seems
clear that *some* such attempts would count as conflicts,
and therefore fail ("The phrase 'abide by all', in the Rules
of Agora Nomic, shall mean 'ignore'.")

The remaining question, then, is whether or not there are *any*
changes of meaning which would *not* count as conflicts for
the purposes of 1482.  One obvious candidate is a change of
meaning which is simply a clarification of a word that is not
otherwise defined in the Rules, changing the meaning only by
making it tighter and better-defined.  For instance, a rigorous
set of Rules which defined just what an "action" is in
Game terms should be able to touch the meaning of "action"
in Rule 1011, even if the Rule doing the defining was only
MI=1, as long as this touching did not fundamentally alter
the import and functioning of the higher-MI Rule.  A
rigorous definition of what it means to have "legal force"
should be able to touch the use of that term in Rule 114,
without having to be MI=3.  If some high-MI Rule makes a
passing reference to a Nomic Week, it should be possible
for a change to the low-MI Nomic Week Rule to touch the
meaning of that high-MI Rule at that point, without
requiring a higher VI.

I therefore find that the Statement here is FALSE, because
there are circumstances under which it is not true.  While
there are many cases in which a change to the meaning of
a word *would* fail per 1482, there are also some in
which it would not, because it would not be per se a
conflict.  The electorate, and in extremis the Courts,
will have to determine for themselves where each
individual case falls on the continuum.

It would be possible to find otherwise, and by finding
FALSE I may be leaving open a loophole in the Mutability
system through which demons will escape to plague the
community.  But I believe that the danger of that is
outweighed by the desire to keep flexibility in the
Ruleset, and not require elaborate and difficult
actions (such as passing Proposals with unusual AIs)
to acheive mundane ends (such as adjusting the meaning
of a word).

Justice Favor


======================================================================
Decision of Justice Steve:  FALSE

I hereby reverse Judge Coren's Judgement of TRUE, and find that the
Statement is FALSE.

I'd like to begin by thanking Favor, Eljefe and Vanyel for the
valuable contributions they have made to the discussions about
this Statement. As a result of them, I think a consensus view has
emerged about how the issues raised by the Statement should be
treated, a result which I think constitutes valuable progress.

Although the other Justices, Favor and Eljefe, will doubtless
give similar arguments to the ones I give here, I think it is
worth including my own individual take on the subject.

I think the CFJ was motivated by a desire to see prohibited a
process which I have called 'amendment by stealth'. An example
of amendment by stealth would be a Rule which stated that, for
the purposes of R1322, 'less than' is to be understood to mean
'greater than'. The question arises, could such a Rule have its
intended of effect (of totally undermining the system of Mutability
Indices), despite the fact the R1322 has MI=3, and our hypothetical
Rule only MI=1? If it could, then it would seem that high mutability
is not much protection against a radical change in the meaning
and application of a Rule.

However, a powerful argument can be made against the possibility of
such obviously pathological cases of amendment by stealth. This is
the argument given by the Caller, namely, that amendment by stealth
effectively constitutes a Rule Change by means other than those
sanctioned by the Rules, and is therefore illegal. I am inclined
to accept this argument - for obviously pathological cases.

Problems arise, however, as soon as it is noticed that, firstly,
not all cases are as pathological as the above, and secondly, that
it may not always be clear whether a case is pathological or not.
An example: let us suppose that the phrase 'as soon as possible'
was used in the Ruleset prior to its having been given a definition
in the Rules for the first time by Proposal 805 (I don't know if
that's true or not, but it might well be). After the passage of
Proposal 805, could the new R805 be effective in giving the phrase
'as soon as possible' the meaning it tried to give it, a meaning
which is considerably different from the ordinary meaning of that
phrase? In one sense, the point is moot, since our subsequent
behaviour shows that we did accept R805 as successfully defining 'as
soon as possible'. Furthermore, we have since changed the meaning
of that phrase several more times, each time without incident.
This example alone is enough to show that the Statement is false,
for here we have a case where the meaning of a word (or a phrase
in this case) can be changed by changing a Rule which might well
be of lower precedence. That is, we take R1023 as defining what
'as soon as possible' means, for all Rules which use that phrase,
of whatever precedence.

Steve Gardner                     | "As one judge said to the judge: 
Dept. of Philosophy, Monash Uni.  | 'Remember, be just. And if you can't be
gardner@aurora.cc.monash.edu.au   |  just, be arbitrary.'" -- William Burroughs

======================================================================
Decision of Justice elJefe:  FALSE

I find that the original judgement was incorrect, and vote to reverse
so that the CFJ is judged FALSE.

I distinguish two cases in the subject of the CFJ.  Where a Rule is clearly
relying for its meaning on the ordinary natural-language meaning of a word,
that meaning ought not be "hijacked" by a lower-precedence Rule.  However,
the statement also seems to cover the case where a Rule is explicitly relying
for its meaning on the definition of a word contained or supposed to be
contained in other (possibly lower-MI) Rules.  In this case, and in most
cases where an ambiguity or omission in a Rule is clarified by a lower-
precedence Rule, the meaning is shared by that lower-precedence Rule and
subject to change when the lower-precedence Rule is changed.

Rule 101 can be our guide.  It says that players must obey the Rules
"in the form in which they are then in effect".  I would say that if a
Rule uses a term whose meaning is imprecise, or which could rely (either
wholly or partially) for its meaning on another Rule, and another Rule
supplies the missing meaning, then the "form" of the Rules requires that
we assign the meaning given in the second Rule, even if it has a lower
MI, and if that second Rule is changed then the meaning changes.

However, if a Rule uses a term whose meaning is precise in ordinary 
English (e.g. "greater than"), then a lower-precedence rule cannot
change this to something different ("in Rule XXX, "greater than" shall 
mean "less than"). In a case like this, the Rules would have the
"form" of a conflicting Ruleset, which would be dealt with by the
appropriate conflict-resolution mechanism.

----------------------------------------

Rule 101/0 (Semimutable, MI=3)
Obey the Rules

      All Players must always abide by all the Rules then in effect,
      in the form in which they are then in effect.  The Rules in the
      Initial Set are in effect at the beginning of the first game.
      The Initial Set consists of Rules 101-116 (Immutable) and
      201-219 (Mutable).

History:
Initial Immutable Rule 101, Jun. 30 1993
Mutated from MI=Unanimity to MI=3 by Proposal 1480, Mar. 15 1995

----------------------------------------

- elJefe

******************************************************************
  Dr. Jeffrey L. Caruso <jlc@triple-i.com>
  Autologic Information International

