===================================================================== CFJ 1087 "The last sentence of Rule 1766 prevents the remainder of that rule from granting additional votes." ====================================================================== Judge: Morendil Judgement: FALSE Justices: Steve (S), elJefe (C), Jester (pro-C) Decision: SUSTAIN Eligible: Chuck, Crito, elJefe, Harlequin, Jester, Kolja A., Michael, Murphy, Oerjan, Sherlock, Steve, Time Agent Ineligible: Morendil (Judge) Caller: Antimatter Barred: Blob, General Chaos, Swann On request: On hold: ====================================================================== History: Called by Antimatter, 7 Mar 1998 14:19:49 +0000 **Dice rolls: Gen. Chaos, Morendil Assigned to Morendil, 9 Mar 1998 23:53:09 +0000 Judged FALSE, 19 Mar 1998 10:49:50 +0100 Appeal of Judgement: by Morendil, 19 Mar 1998 10:49:50 +0100 by Crito, 19 Mar 1998 13:36:29 -0500 by Antimatter, 23 Mar 1998 20:33:05 +0000 Assigned to Steve, elJefe, and Jester, 24 Mar 1998 09:57:32 +0000 Sustained by elJefe, 24 Mar 1998 17:59:57 +0000 Sustained by Steve, 25 Mar 1998 13:35:54 +1100 Sustained by Jester, Mon, 30 Mar 1998 20:52:30 +1000 Decisions published, Thu, 2 Apr 1998 12:27:55 +0100 (BST) ====================================================================== Caller's Arguments: The last sentence of rule 1766 states that 'This provision shall not increase the maximum number of votes that are permitted to be cast by that Player.' The previous sentence states '... then that Player may cast two additional votes on that Proposal beyond what e is otherwise entitled to cast.' I argue that the first sentence would, in fact, raise the maximum number of votes above what it would otherwise be (two), and thus the second sentence renders that null. Rule 206 says that 'Each Voting Entity has two votes on a proposal, unless another Rule says otherwise.' This clearly establishes a maximum number of legal votes. The second sentence of that paragraph says 'However, no such Entity shall have more than five votes on any Proposal, regardless of what any other Rule may say to the contrary.' This establishes a second maximum on the number of votes which may legally cast, such that the maximum equates to 'two, plus any granted by other rules, or five, whichever is lower'. ====================================================================== Evidence supplied by Caller: Rule 206/10 (Power=2) Voting Entities and Votes A Voting Entity is an Entity which is generally authorized by the Rules to cast a vote or votes on a Proposal, although other Rules may withdraw this authorization from a Voting Entity in specific circumstances without that Entity thereby ceasing to be a Voting Entity. No Entity is permitted to vote on a Proposal unless it is a Voting Entity, and only those Entities designated by the Rules to be Voting Entities are Voting Entities. Players and Groups are Voting Entities. Each Voting Entity has two votes on a Proposal, unless another Rule says otherwise. However, no such Entity shall have more than five votes on any Proposal, regardless of what any other Rule may say to the contrary. Rule 1766/0 (Power=1) The Officer's Vote If a particular Proposal amends the duties or description of a particular Office, and a Player holds that Office in normal fashion, and that Player is not the same Player who Proposed the Proposal, then that Player may cast two additional votes on that Proposal beyond what e is otherwise entitled to cast. This shall not increase the maximum number of votes that are permitted to be cast by that Player. ====================================================================== Judge's Argument: I'm still not satisfied with my own reasoning on this, nor with the arguments that have been offered, pro or con. I therefore return a decision of FALSE, on the grounds that Rule 1660 does succeed in granting additional Votes, despite being afflicted with essentially the same wording as 1766; however, I also call for the Appeal of my own Judgement, thereby kicking it up to the higher Court. I will present a fuller version of my analysis of 206, 1766 and 1660 in that capacity, hopefully made more cogent by conferring with my fellow Justices. ====================================================================== Decision of the Clerk of the Courts: SUSTAIN This CFJ turns on the final sentence of Rule 1766: This shall not increase the maximum number of votes that are permitted to be cast by that Player. A natural interpretation is that "maximum number of votes that are permitted" is used to distinguish this usage from the ordinary phrase "number of votes that are permitted". This respects the fact that under the current Rules, the "number of votes" permitted may vary according to circumstances, but never beyond an absolute "maximum number of votes" set by Rule 206, namely five votes. The caller would have the "maximum number of votes" refer to the number of votes permitted unless otherwise modified by the Rule, namely two votes, and concludes that the Rule awards no extra votes. I find that the Rule is at worst ambiguous on this detail. The Caller's interpretation may be a possible one, but he presents no argument that it is the _only_ possible one. Indeed, the existence of the "natural" interpretation above vitiates any such argument. But for the sake of argument let us say that there are two possible interpretations. Then we are permitted to consider other factors like Game Custom and common sense. The caller's preferred meaning does violence to common sense. He would see Rule 1766 as saying "This Rule gives the Officer two votes beyond his normal limit. This Rule does not give the Officer any votes beyond his normal limit." This is not a sensible interpretation, and the common interpretation recently of the voters (their "common sense", in fact) was that the Rule did indeed grant the Officers extra voting power. Game Custom is also clear: this Rule has been applied before, in Proposal 3686. Further, the Speaker's Vote (Rule 1660), with similar language, has operated unchallenged since October 1996. Finally, past judgements have affirmed the ancient principle that if there are two readings of a Rule, one which is meaningful and one which deprives the Rule of meaning, the meaningful one is to be preferred. In this case, the caller's interpretation deprives the Rule of meaning, and the one where "maximum" refers to "five votes" is the preferred reading. I stress that this is not the same as the Kudo Transfer CFJ (long ago), where common sense and long Game Custom bowed to the text of the Rule. The text of a Rule is supreme when it is consistent and clear, but when it is not then Game Custom etc. may be used to clarify its meaning. (Rule 217) One nagging question: if the natural reading is correct, why does that last sentence appear at all? The argument goes that it could just as well be left out, since the Rule would lose any conflict with Rule 206. I see it as making sense in a historical context. In the original Ruleset, a Rule conflicting with an Immutable Rule would be entirely invalid (this is also true in other Nomics like FRC). Thus some of us have the generally good habit of adding conditions to a Rule which keep it from any appearance of conflict with high-precedence Rules. The last sentence of Rule 1766 appears as just such an attempt. I sustain Morendil's Judgement. ====================================================================== Decision of the Speaker: SUSTAIN I am satisfied to join this Judgement, since it encapsulates my own reasoning about the case. > Reasons and arguments: > This CFJ turns on the final sentence of Rule 1766: > This shall not increase the maximum number of votes that are > permitted to be cast by that Player. > A natural interpretation is that "maximum number of votes that are > permitted" is used to distinguish this usage from the ordinary > phrase "number of votes that are permitted". This respects the fact > that under the current Rules, the "number of votes" permitted may > vary according to circumstances, but never beyond an absolute > "maximum number of votes" set by Rule 206, namely five votes. This makes it sound as though R206 explicitly refers to a maximum number of votes, which it does not. One has to do a little interpretative work to conclude that the maximum referred to by R1766 and by R1660 is this five-vote limit. Nevertheless, I agree that this is what it refers to. ====================================================================== Decision of Justice Jester: I hereby announce that I sustain Morendil's judgement in CFJ 1087. The other appeal judges will probably give a detailed explanation of the decision so I won't reiterate their discussion. Suffice to say that I concur with them. ======================================================================