Goethe wrote:
While I was temporarily unaware of UNAWARE, I still prefer EXCUSED as
a precedent for this. If a Judge is aware of some contrary argument,
e should still be ethically charged to "not avoid" making *what e believes
in good faith* to be an appropriate judgement, even if e is aware of
counterarguments. If UNAWARE is the precedent, if I judge one (reasonable)
side in a contentious case, and the appeal eventually picks the other side,
someone could claim GUILTY based on "you can't hide behind UNAWARE, because
you were clearly aware of that argument!"
Disagree. You were unaware that that argument would end up
being supported by the appeal panel.
